Damage

Question 1

What two parts must satisfied in Damages

Answer 1

Causation and remoteness

Question 2

For factual causation the court will look to apply the

Answer 2

But for test and ask whether the damage would have occured but for the defendants breach of duty Barnett v Chelsea

Question 3

For legal causation the court will consider whether

Answer 3

The defendant is the operating and substantial significant more than minimal cause of the injury

Question 4

A not reasonably foreseeable novus actus interveniens will

Answer 4

Break the chain of causation. The act could be by the claimant McKew v Holland due to nature as in Carslogie v Royal Norwegian Government or due to a third party Knightly v Johns

Question 5

For remoteness the defendant is liable for the

Answer 5

Type of damage that was reasonably foreseeable at the time of the breach The wagon mound No1