Damage

Question 1

Factual causation

Answer 1

(Barnett v Chelsea and Kensington Hospital) - doctors failure to examine did not cause his death.

“but for” test

Question 2

Legal causation

Answer 2

An intervening act can break the chain of causation.
(The Wagon Mound) - damage is not too remote.

“Thin skull” - (Smith v Leech Brain)

Question 3

1. Type of injury is foreseeable even if cause isn’t

Answer 3

(Hughes v Lord Advocate) - children exploring a manhole dropped lamp and exploded - explosion was not foreseeable but burn from lamp is.

Question 4

2. Foresee an injury of that kind no matter the severity

Answer 4

(Bradford v Robinson Rentals) - frostbite in work van - specific injuries were not foreseeable - D need only have been able to foresee an injury of that kind.

Question 5

3. Damage can’t be too remote

Answer 5

(Doughty v Turner) - asbestos in molten liquid and exploded - damage was too remote.