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As indeed often happens, the point upon which the decision was ultimately to turn emerged only after the Lord Ordinary had rejected much of the rest of the pursuer's case. Julian takes the view, which was probably not shared by all the jurists, that both persons who attacked the slave should be liable for "killing" him. It were best if this were recognised openly. It is therefore essential not just that the defendant's conduct created a material risk of injury to a class of persons but that it actually created a material risk of injury to the claimant himself. 56. The question of fact is whether the causal requirements which the law lays down for that particular liability have been satisfied. He did not elaborate the point, but he clearly had in mind the standard-form averment at the end of article 3 of condescendence in which the pursuer offered to prove that, if the defenders had fulfilled their duty to provide showers, he would not have contracted dermatitis. At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. In his dissenting judgment the Vice-Chancellor stated, at p 779F: 89. 72. If Mr Fox, Mr Fairchild and Mr Matthews had each been employed throughout their working lives by a single employer each of them (or his widow) would have been entitled to recover damages against that employer. The evidence showed that another possibility was that the disease had started from a single abrasion. Cases seeking to develop the principle must be decided when and as they arise. In future more may be known. The medical evidence given at the trial was reviewed in detail, and in particular an exchange between cross-examining counsel and Dr Hannay ( pp 43-44, 47, 50): 19. The action is a necessary condition, but may not be a sufficient condition, for the resulting injury. A fortiori they justify the application of that principle in the present case where the risk to the men was so much worse. There is no way of identifying, even on a balance of probabilities, the source of the fibre or fibres which initiated the genetic process which culminated in the malignant tumour. But as Lord Bridge observed in Wilsher, at p 1087 G, there was no support for the reversal of the burden of proof in the other speeches. I would take from these passages the clear implication that classical Roman jurists of the greatest distinction saw the need for the law to deal specially with the situation where it was impossible to ascertain the identity of the actual killer among a number of wrongdoers. For the purposes of analysis, and for the purpose of pleading, proving and resolving the claim, lawyers find it convenient to break the claim into its constituent elements: the duty, the breach, the damage and the causal connection between the breach and the damage. the jury should be told that the plaintiff's or decedent's exposure to a particular product was a substantial factor in causing or bringing about the disease if in reasonable medical probability it was a substantial factor contributing to plaintiff's or decedent's risk of developing cancer." The contentions for the respondents were to the opposite effect. This is sufficient to justify requiring the employer to assume responsibility for causing or materially contributing to the onset of the mesothelioma when, in the present state of medical knowledge, no more exact causal connection is ever capable of being established. 493), where a group of huntsmen fired a salvo to mark the end of a deer hunt and the plaintiff was shot, the French Cour de Cassation held the whole group liable since "the whole group created a risk through its negligent conduct, and the injury to the plaintiff constituted a realisation of that risk" (see van Gerven, op cit. Everyone agrees that there is no scientific or philosophical touchstone for determining the relevant causal connection in any particular case. I gratefully adopt the account of the facts and issues given by Lord Bingham of Cornhill. I have simply selected a few among the many authorities cited by counsel. Both of these propositions are true but they need to be analysed with some care in order to avoid confusion. McGhee and the present cases are examples. The relevance of a causal connection depends upon the purpose of the inquiry. In this way the scope of a defendant's liability may be extended. Smith v Leech Brain & Co [1962] 2 QB 405 is a landmark English tort law case in negligence, concerning remoteness of damage or causation in law. All of the men were employed by more than one employer. But there is sometimes a tendency to appeal to common sense in order to avoid having to explain one's reasons. It seems to me to follow that the respondents' failure to provide adequate ventilation must increase the risk to which the workmen are exposed. He did not need to go that far. Pending in the Court of Appeal [ 1987 ] QB 730, at p 1087F:.! Matthews had prolonged and substantial exposure to asbestos injuries and property damages has done... 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