Negligence: Damage Flashcards
What must the claimant prove?
The damage was caused by a breach of duty
What are the two parts for establishing damage?
CIF
CIL
What is causation in fact?
Factual causation
‘But for’ the defendant’s act or omission, harm wouldn’t have arisen
What happened in Barnett v Chelsea abd Kensington HMC?
Hospital not liable, but for doctor’s omission, Mr Barnett would have died anyway
1 - What is one problem with the but for test?
Only works effectively when there is one defendent and one cause of damage, when there are numerous people involved, difficult for jury to pinpoint
Leads to lengthy litigation and judicial creativity
Increased costs for all parties
What is causation in law?
Legal causation
Damage mst not be too remote, therefore, reasonable foreseeable
What case established the test for remoteness?
The Wagon Mound No.1
What is the test around the type of injury?
Defendant will be liable if the type of injury was reasonable foreseeable even if the precise way in which the injury would occur was not
What happened in Bradford v Robinson Rentals?
Frostbite was unusual but in cold weather it wasn’t so it was reasonably foreseeable and not too remote
What happened in Doughty v Turner Asbestos?
Damage from molten liquid lid was too remote, not reasonably foreseeable that an explosion would occur
What is a NAI?
An intervening act which breaks the chain of causation, so the defendant won’t be liable
What are the different types of NAI?
Act of claimant
Act of nature
Act of third party
What is a case for act of claimant?
Mckew v Hollands - climbing the stairs unaided was a NAI
What is a case of act of nature?
Carslogie Steamship Co v Royal Norweighan Gov - Storm was a NAI, so the Carslogie was not liable for further damage
What is a case for act of third party?
Knightly v Johns - the negligent order of a police officer couldn’t be reasonably foreseen and so it was a NAI, breaking the chain of causation
