A Level Law Practice Exam

In BENGE, what did the court determine regarding D's actions?

1. D's negligence alone was enough for conviction

2. Others contributed but D was still a significant cause

3. D was not guilty due to the actions of the flagman

4. D's actions did not directly link to the consequence

The correct answer is: Others contributed but D was still a significant cause

The determination made by the court in BENGE focused on the concept of causation in negligence. The court concluded that while there were multiple contributing factors to the incident, D's actions were a significant cause of the outcome. This demonstrates an understanding that in cases of negligence, it is not necessary for a defendant's actions to be the sole cause of the harm; rather, their contribution can be sufficient to warrant a finding of liability if their actions were a substantial factor in causing the injury or damage. In the context of the case, this finding illustrates the principle of apportioning responsibility and acknowledges that even when other parties' conduct also played a role, the defendant can still be held accountable for their significant contribution to the resulting harm. This reflects a nuanced approach to understanding liability in tort law, where the interplay of multiple factors helps establish the extent of a party's negligence.