Breach Caused The Damage

Question 1

Breach caused the damage

Answer 1

It must be proven that the breach of duty caused the damage. This is an issue of causation which comes in two forms: legal and factual

Question 2

Factual causation

Answer 2

The D must be the cause in fact of C’s injury or damage ie but for the D’s actions, would C have suffered the damage?
This is illustrated in the case Barnet V Chelsea Hospitals

Question 3

Legal causation

Answer 3

Legal causation asks was the D the cause in law?

1) Was the damage foreseeable or too remote? Wagon Mound 1
2) D need not predict the exact injury. Hughes v lord Advocate

Question 4

Thin skull

Answer 4

Robinson V Post office - tb injection