Damage

Question 1

What is damage

Answer 1

This is proven by that the damage is caused by Ds breach of duty (causation), and the damage isn’t too remote (remoteness of damage)

Question 2

What is causation?

Answer 2

The damage has to be proven as a matter of causation in fact, on the balance of probabilities. (The civil standard of proof)
Also known as the but for test

Question 3

What are intervening acts?

Answer 3

These are when the chain is broken, for example a natural event to actions of a third party.
Case; Lamb v Camden Borough Council 1981

Question 4

What is remoteness of damage?

Answer 4

It must be established that outcome wasn’t too far removed from Ds negligence.
Case; The Wagon Mound 1 1961

Question 5

What is the egg shell skull rule?

Answer 5

Take your victim as you find them.

Case; Smith v Leech Brain & Co. 1962

Question 6

What is nervous shock?

Answer 6

This is where secondary victims suffer from the negligence, or a primary victim suffering mental health issues from the act.
Case; Bourhill v Young 1943

Question 7

What is Res Pisa louitur?

Answer 7

The burden of proof is on the Claimant. They must show;
1. D was in control of the situation
2. The accident wouldn’t have happened unless someone was negligent
3. There is no other explanation for the injury
Case; Scott v London and St Katherine Docks 1865