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Cooke v Lewis [1951, Canada]

Facts

  • Two defendants were shooting in a forest
  • They each spotted an animal and shot at it
  • The animal was in fact the claimant, and no-one could be sure which bullet had missed and which one had injured the claimant

Issue

  • Who was liable for shooting the claimant?

Decision

  • Both defendants equally

Reasoning

  • Justice required the ‘but for’ test to be disregarded
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