Stramare). Slightly more controversial is the application of the same approach to cases involving the accountability of a trustee or company director as a custodian of assets. [17] March v E & MH Stramare Pty Ltd [1991] HCA 12; (1991) 171 CLR 506, 517 - 518. This is the "common sense" test of causation. March v E & MH Stramare Pty Ltd [1991] HCA 12 at para 5 per Mason CJ. [2] March v E & MH Stramare Pty Ltd (1991) 171 CLR 506 at 515. Contract Exam Notes - Summary - lecture 1 - 15 Chapter 2: A Conceptual Framework_Solutions Remedies Breach - Summary Contract Law Contributory Negligence Discharge by Agreement. The court upheld that, in addition to it being reasonably foreseeable that his wife might suffer such an injury, it required that there be sufficient proximity between the plaintiff and the defendant who caused the collision. [36] He argues that by abandoning the requirement of causation (but for) in cases of strict liability torts prevents strict liability from becoming meaningless. [1992] HCA 55; (1992) 175 CLR 514. There are two short points of this paper. If causation is found to exist, what principles should be applied to determine whether responsibility should be imposed? A tort, in common law jurisdiction, is a civil wrong (other than breach of contract) that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. [8] A "common sense" approach appeals to intuition. If the relevant question for causation was whether Mr Abraham’s conduct had caused denting of the Rolls Royce panel then the answer is "yes". The “but for” test was considered to be not a definitive test of causation in negligence. The need to protect autonomy must be the factor that justifies the latter extension. The classic statement of this position in relation to deceit is Edgington v Fitzmaurice. , the common sense approach is, in part, based upon a linguistic error. Baker v Willoughby [1970] AC 467. '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. A better answer might be to say that the law's concern with individual autonomy is such that a fraudster will be liable for losses that he or she has caused, or losses to which he or she has contributed. MARCH v. STRAMARE (E. and M.H.) Lord Hoffmann, later said that the decision he, and the others, had reached failed the test for acceptable law: a rational and justifiable basis to depart from normally applied principles of law. On that approach, Mr Banka's death had not been caused by the use of the heroin. ON 24 APRIL 1991, the High Court of Australia delivered March v Stramare (E & MH) Pty Ltd[1991] HCA 12; (1991) 171 CLR 506; (1991) 9 BCL 215 (24 April 1991). 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. 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. [23] This is an awkward approach. [32] Fernando by his Tutor Ley v Commonwealth of Australia & Anor [2015] HCATrans 190 (14 August 2015). Another difference between D 9.2.11.2 and Fairchild is that in Fairchild the House of Lords was asked whether each defendant was liable for all losses arising from mesothelioma. In some cases, liability is imposed despite the absence of causation of loss. 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