Damage (Causation) Flashcards
(5 cards)
1
Q
What case can be used for factual causation in negligence?
A
Barnett v Chelsea Hospital where D was not liable as man would have died from arsenic poisoning anyway.
2
Q
What does remoteness of damage mean?
A
The defendant is only liable for damage that is reasonably foreseeable.
3
Q
What case can be used for remoteness of damage?
A
The Wagon Mound where spilt oil caused fire damage to nearby property.
D not liable as damage was not reasonably foreseeable.
4
Q
What case can be used when the damage is reasonably foreseeable?
A
Bradford v Robinson Rentals where a cold-related injury was foreseeable.
5
Q
What case is used for the thin skull rule in tort law?
A
Smith v Leech Brain where man suffered a burn which triggered cancer and killed him.
D liable as burn was foreseeable.
