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McGhee v National Coal Board

- employed to clean out brick stuff.. kena dermatitis

- no shower facilities at factory

- if he had shower before go home, risk of harm would be lesser

- issue : failure to provide washin facilities had caused the rash

HOL decision :

- risk of harm materially increased by prolonged exposure to dust

- material increase in risk = material contribution of damage

- a plaintiff need not demonstrate that the defendant's actions were the but for cause of the injury, but instead that the defendant's actions materially increased the risk of injury, and thus damage, to the plaintiff.

Wilsher v Essex Area Health Authority

- gave extra o2 to a premature baby

- baby blind liao

- excessive o2 is one of the 6 possible factors lead to blindness

- BoP test , not liable

- but on "material increase of risk" test in Mcghee, hosp increased risk of harm, so therefore liable

HOL :

- it was impossible to say that it had caused, or materially contributed, to the injury and the claim was dismissed

- In a minority view, Mustill LJ. argued that if it is established that conduct of a certain kind materially adds to the risk of injury, if the defendant engages in such conduct in breach of a common law duty, and if the injury is the kind to which the conduct related, then the defendant is taken to have caused the injury even though the existence and extent of the contribution made by the breach cannot be ascertained

- it was not enough for the pursuer to show that the defenders actions had increased the risk of harm occurring

Fairchild v Glenhaven Funeral Services Ltd

AAARGH PUKI TIANG I DAM LAZY TO READ TIS CASE...