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Match the Case Name to the Exception to the 'But

Question 1

Multiple Choice

Match the case name to the exception to the 'but for' rule, the case created or helped to develop, or to the problem that faced the court.
-Williams vThe Bermuda Hospitals Board (Bermuda) [2016]


A) Two potential causes (one negligent) but cumulatively more likely to cause the condition, so held that the negligence made a 'material contribution' to the harm
B) Two potential causes (one negligent) but a non-cumulative condition (a single exposure would be enough) so 50:50 on 'but for' test - court held it was enough that the negligence 'materially increased the risk' of the condition
C) Multiple potential causes (one negligent) - defendant's negligence could not pass the 'but for' test so the claimant failed
D) Multiple potential causes (all negligent) but a non-cumulative condition (a single exposure would be enough) so liability could not be established on 'but for' test - court held it was enough that the negligence 'materially increased the risk' of the condition
E) Two potential causes (one negligent) but treated as cumulative, despite the medical context, and held that the negligence made a 'material contribution' to the harm

Correct Answer:

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