Damages-Causation and Remoteness

Question 1

what is factual causation in damages?

Answer 1

but for test-but for d’s acts or omission, c would not have suffered the loss or harm-(Barnett v Chelsea and Kensington Hospital Management Committee)

Question 2

what is remoteness of damage?

Answer 2

c’s claim will fail if damage suffered too remote

• was the damage reasonably foreseeable
• was the type of damage reasonably foreseeable
• d must take c as he finds him “eggshell” rule

Question 3

what is the first step of remoteness of damage?

Answer 3

(Wagon Mound)-d only liable for damage if it is the foreseeable consequence of his breach

Question 4

what is the second step for remoteness of damage?

Answer 4

type of damage-d will be liable if type of injury was foreseeable even if precise way in which it happened was not-(Bradford v Robinson Rentals)

Question 5

what is the third step of remoteness of damage?

Answer 5

take c as you find him-“eggshell rule”

Smith v Leech Brain