Damage (Negligence) Flashcards
(9 cards)
1
Q
What is damage?
A
C has to prove they have suffered damage caused by D’s breach of duty
2
Q
What is factual causation?
A
Decided by the ‘but for’ test
3
Q
Case for factual causation
A
Chester v Afshar
4
Q
What is an intervening act?
A
A new intervening act can break the chain of causation
5
Q
Case for intervening act
A
Knightley v Johns
6
Q
What is remoteness? (FC)
A
- C can only claim for types of loss that are a reasonably foreseeable result of D’s breach
- Not reasonably foreseeable = not recoverable
7
Q
Case for remoteness
A
The Wagon Mound (No.1)
8
Q
Thin skull rule (Remoteness)
A
If the type of injury/damage is reasonably foreseeable but is much more serious as C has a pre-existing condition, D is liable for all subsequent consequences
9
Q
Case for thin skull rule
A
Smith v Leech Brain
