Damage/ causation done- COMPLETE Flashcards
1
Q
What is the first line for damage/ causation?
A
Was the negligence the factual cause of the damage?
2
Q
What case is the ‘but for test’
A
Barnett V Chelsea and Kensington hospital
3
Q
Is the damage reasonably foreseeable?
A
-Wagon Mound.
-Jolley V Sutton London BC.
4
Q
Smith V Leechbrain?
A
-As long as the type of damage is reasonably foreseeable, the extent of the damage is irrelevant.
5
Q
Jolley V Sutton London BC?
A
Is the injury reasonably foresseable?
6
Q
Structure?
A
-Factual causation.
-But for test.
-Reasonably forseeable
-thin skull if applicable
7
Q
Wagonmound?
A
-Damage will only be compensable where damage could have been reasonably foreseen by the reasonable man
