Resulting Damage Flashcards
1
Q
In this case it must be proven that D’s breach caused the resulting damage to C, and that the damage was a direct result of D’s actions and that the damage was foreseeable and not too remote. What test and case apply here?
A
The “but for” test and the case of Barnett v Chelsea Hospital
2
Q
In this case the damage was/was not reasonably foreseeable (and not too remote)- What is the case for this?
A
The Wagon Mound
3
Q
The thin skull rule may also apply, which case applies?
A
Smith v Leech Brain and Co