negligence- cause of damage

Question 1

what are the 3 things that are needed to consider

Answer 1

Factual causation

Legal causation

Remoteness of damage

Question 2

what does damages mean in terms of tort law

Answer 2

compensation pur money

Question 3

what is the meaning of factual causation

Answer 3

refers to the actual cause-and-effect relationship between the defendant’s actions and the harm suffered by the claimant.

Question 4

what’s the test used

Answer 4

’ but for test’

Question 5

what question does this ask

Answer 5

but for D’s actions, would the injury have occurred?

Question 6

what case is used for this

Answer 6

Barnett 1969

Question 7

what is legal causation

Answer 7

an intervening act can break the chain of causation

Question 8

what 3 things can break the chain of causation

Answer 8

the claimant
nature
third party

Question 9

case for the claimant

Answer 9

McKew v Holland 1969

Question 10

case for nature

Answer 10

Carslogie Steamship v Norwegian Government 1952

Question 11

case for third party

Answer 11

Knightley v Johns 1982

Question 12

what is remoteness

Answer 12

The damage must not be too remote (far removed) from the negligence of the defendant.

Question 13

what poses a rule

Answer 13

The Wagon Mound 1961

Question 14

whats the rule dawg

Answer 14

the injury or damage must be reasonably foreseeable for d to be liable for the negligence

Question 15

what 2 issues arise under remoteness of damage

Answer 15

Only the TYPE of injury must be foreseeable – not the extent
The Thin Skull Rule applies - Take your victim as you find them

Question 16

Only the TYPE of injury must be foreseeable – not the extent CASE

Answer 16

Bradford v Robinson Rentals (1967)

Question 17

The Thin Skull Rule applies - Take your victim as you find them CASE

Answer 17

Smith v Leech Brain and Co (1962)