4. Remoteness of Damages

Question 1

Tremain v Pike

Answer 1

Actual injury suffered by C must be reasonably foreseeable, not just any injury resulting from negligence

Question 2

Bradford v Robinson Rentals

Answer 2

D liable for employee’s frostbite, even though this was not reasonably foreseeable, since some kind of injury was foreseeable after he was forced to drive van without heating in spite of extreme cold conditions

Question 3

Hughes v Lord Advocate

Answer 3

No need to foresee exact way damage occurs

Question 4

Smith v Leech Brain

Answer 4

Thin skull rule - once C suffers damage of same kind as that which is reasonably foreseeable, D is liable for the full extent of those damages (even if higher than normal)

Question 5

Lagden v O’Connor

Answer 5

Thin skull rule applies equally to C’s financial health as to his physical/mental state

Question 6

The Wagon Mound

Answer 6

Test of reasonable foreseeability