Damage Flashcards
Is damage fair for vulnerable people?
Yes Smith v Leech Brain
Is Barnett v Chelsea fair in terms of damage?
No it could be seen as unfair on the wife
What does Holtby v Brigham & Cowan state about damage?
Must have material contribution to the persons disability
Asbestos
What did Fairchild v Glen Haven Funeral Services state about proof asbestos?
Employee needs to prove the damage happened while at the company very hard to prove
What did The Compensation Act 2006 enforce to do with damage?
Can sue one employer for the full amount of damage (mesothelioma) even if no harm while in their employment unfair on employers
What is a case for factual causation damage?
Barnett v Chelsea hospital
What are cases for legal causation damage? (2)
Wagon mound
Smith v leech brain
What does the case Holtby v Brigham say about asbestosis?
Needed to prove made a material contribution to employees disability