Negligence (Damages) Flashcards
What are the two parts that must be satisfied for damage?
Causation and remoteness.
What test does the court apply for factual causation?
‘But for test’ (BARNETT v CHELSEA).
What is an example of factual causation?
D was the factual cause of C’s damage as he would not have broken his leg but for D driving whilst texting.
What does the court consider for legal causation?
Whether the defendant is the operating and substantial, significant, more than minimal cause of the injury.
What is an example of legal causation?
D is the operating and substantial cause of injury when he failed to hit the brakes in time.
What can break the chain of causation?
An unforeseeable ‘novus actus interveniens’.
What is an example of a third party breaking the chain of causation?
C ran into the busy road, but this was reasonably foreseeable and so legal causation is satisfied.
What is the principle of remoteness?
The defendant is liable for the type of damage that was reasonably foreseeable at the time of the breach.
What is an example of remoteness?
C’s damage was not too remote as it was a type that was reasonably foreseeable at the time of D’s breach of duty.
What is the implication of the Wagon Mound test?
C’s damage may be considered too remote if it is unforeseeable.
What is the liability of the defendant regarding the extent of damage?
The defendant will be liable for the full extent of the damage, as long as the general type of damage was reasonably foreseeable.
What is an example of liability for the full extent of damage?
D will be liable for the full extent of C’s injuries even though paralysis was not reasonably foreseeable.
What is the ‘Thin Skull Rule’?
The defendant will be liable for the damage due to a hidden weakness of the claimant, as long as the general type of damage was reasonably foreseeable.
