Explain how the courts define proximate cause


Problem

An insured is away on a holiday when a wild storm hits his suburb. The television antenna is blown down and wrecked when it lands on the side fence. Hail comes at such an angle that it breaks all the windows on one side of the house, causing rainwater to enter and damage the carpet and walls. Before the insured arrives home to survey the damage, a thief enters through one of the broken windows and steals the television and some expensive jewellery.

• Discuss which of the above items will and will not be covered by the householders' insurance policy.

• Refer to the Leyland Shipping Co Ltd v Norwich Union Fire Insurance case in the examination reading materials, to explain how the courts define 'proximate cause' and how it determines the source of the loss.

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Business Law and Ethics: Explain how the courts define proximate cause
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