Tort - Novus Actus Interveniens/Remoteness

Question 1

Re Polemis

Answer 1

Exploding petrol

Remoteness test used for personal injury cases - if some damage was foreseeable, the defendant is liable for all direct consequences, regardless of their foreseeability

Question 2

Wagon Mound No.1

Answer 2

Ship, oil, wharf

Correct test for damage against property is reasonable foreseeability of the type of damage caused

Question 3

Smith v Leech Brain & Co

Answer 3

Hot metal, cancer

Death was not foreseeable, but injury was - irrelevant that the C had a predisposition to cancer

Question 4

Knightley v Johns

Answer 4

When given instructions that cause the injury, original personal is not responsible, there was a NAI

Question 5

Baker v Willoughby

Answer 5

Leg shooting

No NAI, C was already injured which resulted in all of the following consequences

Question 6

Jobling v Associated Dairies

Answer 6

Spinal disease

The injury had no relation to spine disease, thus was a NAI

Question 7

McKew v Holland

Answer 7

No handrail, stairs

The victim’s own actions can be a NOI, breaking the chain of causation = unsuccessful claim