Damages

Question 1

Part 1

Answer 1

In order to prove the D is liable, it must be found that they are the factual and legal cause of the C.s loss

Question 2

Part 2

Answer 2

For factual causation, the but for test is used (barnett v Chelsea & Kensington Hospital). This is where, but for the D’s action, would the C have still suffered loss.

Question 3

Part 3

Answer 3

For legal caustaion (the wagon mound), it must be proved that the loss was reasonably foreseeable as a result of the D’s actions. If it is not liable for the C’s loss. Only the type of damage e.g physical must be foreseeable, not the exact damage that has occured as in bradford v robinson rentals