Damage

Question 1

Damages

Answer 1

claimant has to prove that damage suffered was caused by brief of duty

Question 2

Remoteness of Damage

Answer 2

The Wagon Mound:
Facts: oil negligently spilled into harbour and caught fire after building and spread onto claimant’s wharf.

Held: was too remote - if oil had directly seeped onto wharf would have been different

Question 2

Barnett v Chelsea and Kensington Hospitals

Answer 2

Facts: 3 men go to hospital complaining of sickness. Doctor doesn’t check them and sends them home. One man dies.

Held: Man would have died anyway so duty of care not held. Would be internally investigated due to lack of care for the patient.

Question 2

Crossley v Rawlinson

Answer 2

Facts: claimant ran towards fire whilst holding fire extinguisher but tripped and fell and got injured.

Held: too remote so could not claim

Question 3

Thin Skull Rule

Answer 3

Smith v Leech Brain and Co: because of def’s negligence a man was burnt on lip which caused cancer and def was held liable.

Hughes v Lord Advocate: work men left a manhole unattended with a paraffin lamp over it. A child knocked it over and was badly burnt - this type of injury is foreseeable