Tort Law - Damage/Loss Suffered

Question 1

Wagon Mound - LC

Answer 1

oil damage was foreseeable but fire damage was not.

Question 2

Smith v Leech Brain - LC

Answer 2

claimants husband was splashed by molten metal at work and suffered a minor burn to his lip which then turned into a cancer and he died. Company held liable even though cancer was unforeseeable, they still negligently let an employee suffer a minor burn.

Question 3

Hughes v Lord Advocate - LC

Answer 3

2 boys went down an open manhole with a paraffin lamp and they were left unattended. There was an explosion and the boys were burnt. Even though explosion was not foreseeable, children using a paraffin lamp in an open manhole AND being burnt was foreseeable therefore the boys successfully sued.

Question 4

Barnett v Chelsea Hospital Commitee - FC

Answer 4

Husband was vomiting and got told to visit GP when he went to visit the hospital. He soon died from arsenic poisoning. The hospital owed him a DOC, they were clearly in breach. but he would’ve died anyway regardless of the hospital.