Causing Damage

• What is the first element?

  Factual causation

  • 'But for' D breach of duty harm wouldn't of occured (Barnett v Chelsea)
• What is the second element?

  Legal causation

  ---> Intervening act can break chain of causation

  
  

  Such as:

  • Nature - Carslogie Steamship
  • Acts of claimants - D not not liable for any further injuries caused by C's own unreasonable actions after initial injury (McKew v Holland)
  • Act of third party - not liable if it was not foreseeable (Knightley v Johns)
• What is the third element?

  Remoteness

  ---> damage must not be too remote from negligence of D - Wagon Mound

  
  

  Type of injury needs to be foreseeable - (Bradford v Robinson Rentals)

  Thin skull rule - take C as you find them (Smith v Leech Brain)