Negligence (Damage)

Question 1

Factual causation (But for)

Answer 1

Uses but for test to see but for d actions would the injury/damage have occurred, Barnett v Chelsea Hospital, too late to save him.

Question 2

Legal causation

Answer 2

• intervening acts that break the chain of causation
• remoteness of damage Wagon Mound
• injury must be foreseeable Bradford v Robinson Rentals, Doughty v Turner Asbestos
• eggshell skull rule Smith v Leech Brain.

Question 3

Res ipsa loquitur

Answer 3

“The facts speak for themselves” overwhelming amount of evidence against d, Scott v London with heavy bags, no other explanation than the factory being under d control.