31.   Had the reasonable foreseeability test been used in Polemis, it is likely that the defendants would have been not liable.

32.   If the plaintiff died, the court would then have to determine whether the defendant was liable for the death.

33.   The defendant will generally be liable for all damage flowing from the tort once factual causation has been established.

34.   In fact, the defendants were more likely to be insured on an all risks policy for council employees.

35.   The defendant will not be liable for the injuries caused by the tree.

36.   If the third party act is held to be a novus actus interveniens, then the defendant is not liable for any damage occurring after the act.

37.   On these facts the plaintiff was held to have acted reasonably and the defendant was liable for her injuries.

38.   The plaintiff accepted a lift home with the defendant although he knew the defendant was drunk.

39.   The plaintiff went for a ride in a private plane piloted by the defendant, despite the fact that he knew the defendant was drunk.

40.   The defendant was drunk, had never passed a driving test, was uninsured and drove dangerously.