Damages

Question 1

What is necessary to show that the duty of care has been breached? (Element 3)

Answer 1

The breach has resulted in harm or damage to the plaintiff

Question 2

What happens if no damage or injuries has resulted in the breach of the duty of care?

Answer 2

A negligence actions will fail, regardless of a breach of duty

Question 3

What is Factual Causation?

Answer 3

Where the plaintiff establishes that the defendant’s breach of duty was the direct cause of the harm, injury or damage

Question 4

What test do courts apply to determine Causation?

Answer 4

The ‘but for’ test

Question 5

How would you use the ‘but for’ test?

Answer 5

“Would the harm have occurred ‘but for’ the actions (or omissions) of the defendant”

Question 6

What is Scope of Liability?

Answer 6

It is used when establishing causation, to make sure the damage was not too remote form the negligent act

Question 7

What is another phrase for Scope of Liability?

Answer 7

Remoteness of damage

Question 8

How would you use Scope of Liability?

Answer 8

“Was the damage reasonably foreseeable by the defendant?”