Applicable common law: Chapman: Original tort feaser’s (defendant) liability is preserved where original tort feaser foreseeably exposed the plaintiff to inadvertent negligence of a 3rd party (or plaintiff’s own inadvertence). If you convert someone's property you have to pay for it or give it back'..  Wakelin v London & South Western Railway Co (1886) 12 App Cas 41, 47. This is the "common sense" test of causation. 'But for' the wrongdoing of Iraqi Airways, the loss of the planes would still have occurred as a result of the prior wrongful act of conversion by the State of Iraq.  Barker v Corus UK Ltd  UKHL 20;  2 AC 572. In contrast, a scholar or jud. Plaintiff’s contributory negligence does not cut off defendant’s liability. The complainant, Mr Baker, was a pedestrian who had been knocked down by the defendant driving a car in September 1964.  R Posner 'Legal Reasoning from the Top Down and the Bottom Up: The Question of Unenumerated Constitutional rights' (1992) 59 Uni Chicago Law Rev 433, 436. Secondly, the common sense approach is, in part, based upon a linguistic error. Find hearing dates & times for all current matters in the FCA and FCC. It is an example where causation is unnecessary. Alternatively, as John Stuart Mill put it, the 'whole cause' includes all necessary conditions. Law of Tort – Negligence – Causation – Remoteness of Damage – Damages – Novus Actus Interveniens. If a person is capable of giving that evidence, and making that assessment, then some other rationale might need to be found for the replacement of causation in this context with a rule of material contribution. New South Wales Bar Association v Murphy (2002) 55 NSWLR 23; NSWCA 138. There are two broad points that I will make in this paper. A wrong has occurred but it is not necessary for the plaintiff to prove that the misrepresentation caused the loss that was suffered. In the language used by the High Court of Australia, the test is one of causation or material contribution. Stramare.  Gould v Vaggelas  HCA 75; (1985) 157 CLR 215, 251. Another example is the tort of deceit. See also Kavanagh v Akhtar, Imbree v McNeilly, and Tame v NSW. The truck driver’s carelessness was necessary for the speeding driver’s injury, and but for the truck driver’s negligence the speeding driver would not have suffered the losses that stemmed from his injury.  March v E & MH Stramare Pty Ltd  HCA 12; (1991) 171 CLR 506, 516-517. March v Stramare that these tests were both limited, and that a common-sense-based analysis of causation is necessary to offset the rigidity of the tests aforementioned. My presentation today draws heavily from that article, although some arguments are refined. The 'but for' test fails on two accounts - cases which involve multiple causes and cases in which there is an intervening act. 3165 March v Stramare Pty Ltd 1991 171 CLR 505 2710 33185 Mardorf Peach Co Ltd. 3165 march v stramare pty ltd 1991 171 clr 505 2710. This is the "common sense" test of causation.  S Douglas Liability for Wrongful Interferences with Chattels (2011) 203 – 205. Suppose that one of the employee plaintiffs in Fairchild had not yet contracted mesothelioma. March v Stramare (E & MH) Pty Ltd (1991) 171 CLR 506 and Bennett v Minister of . The first observation is that the analogy with D 220.127.116.11 was apt but Julian was not necessarily asking the same questions as the House of Lords in Fairchild. For instance, in Gould v Vaggelas, Brennan CJ spoke of the need for a misrepresentation to be 'one of the real inducements to the plaintiff to do whatever caused his loss'. Although its genesis is much earlier, the "common sense" approach to causati… The 'but for' test fails on two accounts - cases which involve multiple causes and cases in which there is an intervening act. Causation of loss is not required because loss is not required.  H L A Hart and A M Honoré Causation in the Law (2nd edn, 1985).  This is an awkward approach. Presented at the Commercial Conference of the Supreme Court of Victoria/University of Melbourne, Banco Court.  L Hoffmann 'Causation' in R Goldberg (ed) Perspectives on Causation (2011) 6 - 7. 1.1. The victim injected himself, returning the syringe but died shortly after. March v Stramare (1991) 171 CLR 506 Harvey v PD (2004) 59 NSWLR 639 The Respondent, PD, was a patient of the Alpha Medical Centre (the Centre) from October 1997 until February On 16 November 1998, she participated in a joint medical consultation with her FH. ON THIS DAY in 1991, the High Court of Australia delivered March v Stramare (E & MH) Pty Ltd HCA 12; (1991) 171 CLR 506; (1991) 9 BCL 215 (24 April 1991).  An example of this is a taxi driver who is dangerously speeding in breach of conditions of contract with the customer and, had he not been speeding, the taxi would not have been in the position where it was hit by a falling tree. Or liability might be denied because the injury, or the loss, about which complaint is made was not within the scope of the duty owed. March v Stramare (1991) 171 CLR 506; Bond v Australian Broadcasting Tribunal (No 2) (1988) 84 ALR 646; Suggest a case What people say about Law Notes "Thankyou, your website saved me lots of time" - Michael, London University In the matter of Courtenay House Capital Trading Group Pty Limited (in liquidation) and Courtenay House Pty Limited (in liquidation) (2018) 125 ACSR 149 . Professors Hart and Honoré also argued that novus actus interveniens is an example where a necessary event is not a cause. A better approach would be for point (iii) also to be treated as a legal rule arising independently of the metaphysics of causation. March v Stramare (1991) 171 CLR 506. Contributory negligence - If the plaintiff is negligent this may satisfy the court that the ‘chain … Top down reasoning describes the process by which the legal scholar or judge develops a theory and then uses it to organise, criticise, accept or reject decided cases. There are significant signs that the law is moving towards an acceptance of a necessity test for causation, that is a "but for" test. It has to be based upon a rule that enables the tribunal of fact to make a value judgment that in the circumstances legal responsibility did not attach to the defendant even though his or her act or omission was a necessary precondition of the occurrence of the damage.  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