Damage (AO1) Flashcards
What do damage and damages mean?
Damage- Loss incurred by the C as a result of the Ds breach of duty
Damages- The monetary value of the loss (amount of compensation)
When the defendant has established that the defendant owed them a duty of care and that the defendant breached this duty of care then they must…
Prove that the defendant caused the damage to occur.
To establish whether the defendant caused the claimant to incur a loss the courts must use a two part test, what are both parts?
- Factual causation
- Remoteness
How is it established if the D was the factual cause of the loss?
Using the but for test. But for the defendants breach of duty the injury or damage to the claimant would not have occured
What was the principle in Barnett?
But for the doctors bad medical advice the security guard would still have died anyway
What does remoteness of damage mean?
To claim that the defendant caused the loss to incur it must be proven that the damage is a foreseeable result of the Ds breach of duty.
What was the principle in The Wagon Mound (1961)?
Although the damage that was caused by the oil spillage was foreseeable the damage caused by the fire was not foreseeable and was too remote.
What was the principle in Hughes v Lord Advocate (1963)?
It was foreseeable that a child might explore the hole, break a lamp and suffer injuries. So the type of injury was foreseeable even though the way in which the explosion occured was not.
What did Hughes v Lord Advocate establish?
That if the type of injury was reasonably foreseeable, it doesn’t matter if the precise way it happened is foreseeable or not.
What was the principle for Doughty v Turner Asbestos?
The D was not liable as scientific evidence couldn’t predict that an explosion would happen so the damage was not foreseeable
What does the thin skull rule mean?
The defendant must take his victim as he finds him
What was the principle in Smith v Leech?
The courts decided that the burn was foreseeable as the D must take the C as they find them.
