Neglignece - Foreseeable Loss Flashcards
1
Q
Formula
A
Duty of care
Breach of duty
Breach cause foreseeable loss
2
Q
What must be proven
A
Loss or damage was caused by breach of duty and not too remote
3
Q
What so foreseeability
A
Was it possible than something might happen or was it too remote
4
Q
3 elements
A
But for
Remoteness of damage
Think skull
5
Q
Think skull
A
Take V as u find them
Smith V leech brain
6
Q
Remoteness of damage
A
If damages is to remote compensation will not be awarded
Wagon mound
7
Q
But for
A
But for D actions damage would not of happened
Barnett V chelsea and Kensington hospital
8
Q
Reasonably foreseeable but unforeseeable way
A
Hughes V lord advocate - if damages suffered was reasonably foreseeable it does not matter if it occurs in a unforeseeable way
