Damage

Question 1

What is factual causation ?

Answer 1

= the ‘but for’ test
- but for the defendants actions, the damage would not have occurred

Question 2

Factual causation case?

Answer 2

Barnett V Chelsea and Kensington Hospital Management Committee

• claimants husband attended hospital with severe stomach pain and vomiting after drinking tea
• doctor refused to examine him and sent him home
• he died shortly after from arsenic poisoning
• doctor was not held liable as patient was going to die anyway

Question 3

What are two parts of legal causation ?

Answer 3

1 - intervening acts
2 - remoteness of damage

Question 4

What does Novus actus interveniens mean?

Answer 4

= ‘a new act intervenes’

Question 5

What is an intervening act?

Answer 5

An intervening act may break the chain of causation between the defendant’s breach of duty and the injury

• principle applied is whether the injury is a foreseeable consequence of the original act

Question 6

What is remoteness of damage ?

Answer 6

The damage or injury must not be too remote from the act of the defendant.
- some injury or damage must be reasonably foreseeable

Question 7

What is the case for remoteness of damage ( Legal causation ) ?

Answer 7

The Wagon Mound (1961)
- ship owner discharged fuel near a welding job
- works ignited fuel after advised there was no risk
- defendant was not liable for damage of claimants property
- as damage was by ignition of oil and was too remote from original discharge of oil

Question 8

What is the test for remoteness ?

Answer 8

The injury must be reasonably foreseeable
- even if the injury suffered was very unusual if foreseeable defendant is still liable

Question 9

What is ‘take your victim as you find him’ ?

Answer 9

Part of Legal causation ( in remoteness of damage )
- known as ‘eggshell skull rule’
- means that if the injury is foreseeable, the defendant will be liable for the full extent of injuries
- even if they are more serious due to a pre- existing condition of the claimant

Question 10

Case linked to ‘take your victim as you find him’ ?

Answer 10

Smith V Leech Brain & Co.
- defendant found liable for death of man who was burned on lip by hit metal due to defendants negligence
- the burn cause cancer causing the man to die

Question 11

What does Res Ipsa loquitur mean ?

Answer 11

= ‘the thing speaks for itself’
- can be difficult for claimant to actually prove what happened although it can be obvious that the defendant is to blame
- sometimes causing defendant to prove how it could have happened without its negligence