Damages Flashcards
1
Q
What are damages?
A
Damages are what the courts reward to the claimant, and are paid by the defendant. The defendant is only responsible for the damage directly caused by the breach (in other words, factual and legal causation).
2
Q
How is factual causation established?
A
But for test (Barnett v Chelsea)
3
Q
How is legal causation proven?
A
No novus actus interveniens, damage not too remote (Wagon Mound)
4
Q
Thin skull rule - case
A
Smith v Leech Brain & Co.
