Damage

Question 1

Barnett V Kensington and Chelsea hospital

Answer 1

• C’s husband would have died from poisoning even if he had received proper care from the hospital
• Hospital not liable
• ‘But for’ The breach

Question 2

Wagon mound

Answer 2

• Remoteness of damage
• Type of damage Must be reasonably foreseeable
• Fire in the Warf was not foreseeable type of damage as a result of a oil spill

Question 3

Hughes V Lord advocate

Answer 3

• The way damage happens does not have to be foreseeable as long as the type of damage is
• an exploding paraffin lamp caused burns to the C

Question 4

Smith V Leech Brain

Answer 4

• Thin skull rule
• C’s Husband’s death by cancer was brought on by a burn to his lip caused by the D
• D was liable