Arthur Fairchild contracted mesothelioma, an incurable and fatal disease, as a result of inhaling an asbestos fibre.

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Arthur Fairchild contracted mesothelioma, an incurable and fatal disease, as a result of inhaling an asbestos fibre. He had been repeatedly exposed to asbestos fibres while working for five different employers over a period of 30 years. Each employer had breached the standard of care by failing to prevent the inhalation of asbestos fibres. Significantly, however, the medical evidence indicates that the disease was caused by the inhalation of a single fibre. Fairchild was not at all hurt by the countless other fibres that he inhaled. The evidence also indicates that it is impossible to determine precisely which fibre caused the disease or when it was inhaled. Mesothelioma may lie dormant for many decades after a harmful fibre has taken effect. Fairchild therefore cannot prove on a balance of probabilities that his condition was caused by the carelessness of one of the five employers. Does that mean that Fairchild will not be entitled to any compensation under the tort of negligence?

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Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0133847154

5th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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