resulting damage (negligence)

Question 1

causation in fact

Answer 1

• establishes whether D’s BOD caused the claimant injury or loss
• but for test: ‘if we ignored D’s conduct , would C still have suffered from an injury?’
• barnett v chelsea hospital

Question 2

causation in law

Answer 2

• establishes whether C’s injury or loss was foreseeable
• remoteness of damage
• the wagon mound/hughes v lord advocate

Question 3

thin skull rule

Answer 3

• D is liable for the full extent of the harm or loss to the claimant, even if they had a pre-existing condition
• smith v leech brain