Carder v The University of Exeter

Carder v The University of Exeter

A defendant who has made a material (i.e., more than de minimis) contribution to a claimant's asbestosis is liable for a proportionate share of damages, even if the contribution is small and does not result in measurable symptoms or disability. The legal test is whether the claimant is worse off as a result of the defendant's tortious conduct, not whether the effect is observable or measurable.

Parties
Claimant/respondent: Albert Victor Carder; Second Defendant/appellant: The University of Exeter
Jurisdiction
England and Wales
Judgment Date
29 July 2016
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Asbestosis, Material Contribution, Divisible Disease, Actionable Damage, Causation
Tort Law Personal Injury Asbestosis Material Contribution Divisible Disease Actionable Damage Causation

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Parties

Albert Victor Carder

Claimant/respondent

The University of Exeter

Second Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a material but very small contribution to asbestosis by the defendant constitutes actionable damage
  2. 2 Whether the claimant is 'worse off' as a result of the defendant's breach of duty

Ratio Decidendi

A defendant who has made a material (i.e., more than de minimis) contribution to a claimant's asbestosis is liable for a proportionate share of damages, even if the contribution is small and does not result in measurable symptoms or disability. The legal test is whether the claimant is worse off as a result of the defendant's tortious conduct, not whether the effect is observable or measurable.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; the claimant is entitled to damages assessed at 2.3% of the full liability value.