The ratio decidendi is that a tortfeasor is liable for negligent damage, even when the claimant had a predisposition that made that damage more severe than it otherwise would have been.
42.
(Aus ) In the case of " Kavanagh v Akhtar ", the court held the tortfeasor should take into account the plaintiff's family and cultural setting.
43.
There is no reason why this should not be just as true for proximate causation as it is for the maritime nature of the tortfeasor's activity giving rise to the incident.
44.
When a tortfeasor is aware of an existing contract and deliberately induces a breach by one of the contract holders, it is termed, " tortious inducement of breach of contract ".
45.
Furthermore, in order to impose liability upon the owner, the plaintiff must prove that the negligent entrustment of the motor vehicle to the tortfeasor was a proximate cause of the accident.
46.
Accordingly, he submitted, Mr . Mistlin was a joint tortfeasor with the company, the latter being liable to the respondents on the extended " Hedley Byrne " principle.
47.
An "'intentional tort "'is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor ( alleged wrongdoer ).
48.
The common law regards the master as a tortfeasor : see " The Koursk ", per Scrutton LJ . The case comes within the rule that there is no contribution between tortfeasors.
49.
The common law regards the master as a tortfeasor : see " The Koursk ", per Scrutton LJ . The case comes within the rule that there is no contribution between tortfeasors.
50.
The substantial relationship test is satisfied when at least one alleged tortfeasor was engaging in activity substantially related to traditional maritime activity and such activity is claimed to have been a proximate cause of the incident.
