Negligence: Damage

Question 1

What are the 2 parts of damage?

Answer 1

Claimant must prove the damage suffered was FACTUALLY and LEGALLY caused by D’s breach of duty.

Question 2

What is the test for Factual Causation? (Case).

Answer 2

The “but for” test. (Barnett VS Chelsea).

Question 3

What will the court consider for Legal Causation? (Case).

Answer 3

Whether a “novus actus interveniens” breaks the CoC between D’s breach of duty and the damage.

Question 4

What can the 3 intervening acts by the claimant be? (Cases)

Answer 4

Claimant- (McKee VS Holland).

Nature- (Carlslogie Steamship VS Norweigan Government).

Third Party- (Knightley VS Johns).