damage template - negligence Flashcards

1
Q
  1. for a successful negligence claim….
A

there must be damage which means loss resulting from a breach of duty of care.
here the damage is…….

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2
Q
  1. breach must cause the damage…..
A

so first courts consider factual causation decided by the but for test.
but for d’s act or omission the injury or damage would not have occurred
Barnett v Chelsea and Kensington Hospital
Here but for d’s……….

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3
Q
  1. courts will consider wether damage caused was reasonably foreseeable…
A

and not too remote.
illustrated by Wagon Mound where an oil spillage which drifted into a harbour and was ignited by a welder’s spark and burnt down wharf was considered too remote and not reasonably foreseeable
it is/ isn’t reasonably foreseeable that……………

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4
Q
  1. type of injury has to be reasonably foreseeable…..
A

not the precise manner in which it occurred.
Bradford v Robinson Rentals cold related injury was reasonably foreseeable so it did not matter that frost bite was an unusual injury.
However Doughty v Turner the explosion that happened after a lid was dropped into a vat of molten metal was a completely unexpected reaction and held to be too remote
Here……….

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5
Q
  1. You must take
A

your victim as you find them. If the type of injury or damage is reasonably foreseeable but it is much more serious because the claimant had a pre existing condition then d is liable for all the subsequent consequences
Smith v Leech Brain and Co
Here…………

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6
Q
  1. in conclusion
A

d’s beach did/ did not cause the damage

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