Damage Flashcards
Damage means
Personal injury or damage to property
But for
Damages
Barnett v Chelsea Hospital:
Man would of died regardless of doctors failure to treat
Wilsher v Essex AHA
5 factors may of caused blindness
No link between D’s actions and the damage
Legal causation remoteness
The wagon mound-D ship leaked oil c was welding a spark caused oil to set alight and damaged C’s wharf
Not reasonably foreseeable
Too remote
Legal causation remoteness
Bradford v Robinson rentals:
Frost bite, van without heating
Unusual injury, was reasonably foreseeable
Not too remote
Eggshell skull rule
Smith v leech brain:burn developed into cancer d liable and responsible
Corr v IBC Vehicles: head injury at work, ptsd led to depression and then suicide
D liable and responsible chain didn’t break
