Tort - Damage

Question 0

More than one cause of the damage

Answer 0

If other factors could have contributed to the damage, D’s breach will not cause the damage
Wilsher v Essex AHA
5 other factors could’ve caused C’s blindness before D’s actions because a 6th. It couldn’t be proven that D’s actions caused the damage

Question 1

Factual causation

Answer 1

But for D’s breach would C have suffered damage?
Barnett v Chelsea Hospital
D’s breach didn’t cause the damage even though D refused to treat the dyin man

Question 2

Legal causation - Remoteness

Answer 2

C suffered damage that must not be too remote from D’s actions. The damage must be reasonable foreseeable by D otherwise he can’t be blamed.
Wagon Mound
The damage was too remote from D’s actions

Question 3

The egg shell skull rule

Answer 3

D must take C as he finds him and will be liable for damage of his negligent act contributes to the damage
Smith v Leech Brain Ltd.
D’s breach caused the burn to the lip so he was also liable for the cancer there