Stage 3: Breach Caused The Damage

Question 1

I

Answer 1

It must be proved that the breach of duty has caused the damage to the c. This is an issue of causation

Question 2

E

Answer 2

Factual causation uses the but for test which asks but for the d’s actions/ omissions would the damage to the c have happened anyway (Barnet v Chelsea hospital)

Question 3

Apply

Question 4

E

Answer 4

Legal causation relates to the remoteness of the damage meaning whether the damage to the c was reasonably foreseeable or was it too remote. (Wagon Mound No 1)

Question 5

Apply

Answer 5

How foreseeable was the damage

Question 6

E apply if relevant

Answer 6

Secondly there must be no new intervening acts which break the chain or causation THIN SKULL RULE (Robinson v post office) the defendant must take the victim/claimant as he finds him

Question 7

Conclude

Answer 7

Have all 3 been established if he’s the c will succeed in their claim for negligence finish your answer by considering what damages c can claim from d