Remoteness

Question 1

What are the 3 elements that need to be proven for D to have not been too remote from the damage?

Answer 1

Type of damage - Needs to be R&F
How the damage happened - doesnt need to be R&F
Extent of the damage - doesnt need to be R&F

Question 2

Case law for type of damage

Answer 2

The Wagon Mound - The type of damage suffered by C must be R&F

Question 3

Case law for How the damage happened

Answer 3

Hughes v Lord Advocate - How the harm occurs can be unforseeable*

Question 4

Case law for extent of damage

Answer 4

Bradford v Robinson Rentals - The extent can be unforseeable*

Question 5

Case law for Eggshell skull rule

Answer 5

Smith v Leech Brain - If C suffers more harm from something forseeable because of a hidden characteristic, damage is not too remote