Damage Flashcards

1
Q

Is damage fair for vulnerable people?

A

Yes Smith v Leech Brain

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2
Q

Is Barnett v Chelsea fair in terms of damage?

A

No it could be seen as unfair on the wife

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3
Q

What does Holtby v Brigham & Cowan state about damage?

A

Must have material contribution to the persons disability
Asbestos

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4
Q

What did Fairchild v Glen Haven Funeral Services state about proof asbestos?

A

Employee needs to prove the damage happened while at the company very hard to prove

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5
Q

What did The Compensation Act 2006 enforce to do with damage?

A

Can sue one employer for the full amount of damage (mesothelioma) even if no harm while in their employment unfair on employers

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6
Q

What is a case for factual causation damage?

A

Barnett v Chelsea hospital

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7
Q

What are cases for legal causation damage? (2)

A

Wagon mound
Smith v leech brain

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8
Q

What does the case Holtby v Brigham say about asbestosis?

A

Needed to prove made a material contribution to employees disability

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