The question (12 marks)
A delivery driver employed by a courier company, while carrying parcels on his allotted route, drove carelessly and struck a pedestrian. The pedestrian was taken to hospital, where an infection acquired on the ward led to the loss of a limb. The company denies liability, saying that it did not drive the vehicle and that the hospital's failure, not the collision, caused the loss of the limb. Analyse the company's two arguments using the maxims of cause, and state what each side must establish. (12 marks)
MU Module IV, heads 4.2.1 and 4.2.2, the two maxims applied; pack ch. 04 sections 4.1 and 4.2.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 4 · Causation, Legal Maxims, Equality and Ends and Means of Logic – II.
Authorities you will need
- Scott v Shepherd
- Pink v. Fleming (1890) and Montoya v. London Assurance Co.
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.