Damage

• What does the claimant have to prove in the third part of the negligence claim?

  That the damage suffered was caused by the breach of duty, and that the damage isn't too remote.
• What are the 2 parts to damage?

  • Factual causation
  • Remoteness of damage (legal causation)
• What is causation?

  The idea that the breach of duty has caused the damage being claimed for (factual causation). It decides whether the damage suffered is reasonably foreseeable.
• What happens of factual causation cannot be proved?

  There is no need to consider legal causation.
• What test is used to prove factual causation?

  The "but for" test: but for the defendant's actions, the damage wouldn't have occurred.
• What is an example of a case involving factual causation (civil)?

  Barnett V Chelsea & Kensington Hospital Management Committee.
• What is Novus actus interveniens?

  An intervening act can break the chain of causation. The principle is to be applied whether the damage was a reasonably foreseeable consequence of the original act or omission.
• What is an example of a case involving novus actus interveniens?

  Smith V Littlewoods
• What is remoteness of damage?

  Where factual causation is proved, it must show that the damage isn't too remote from the negligence of the defendant. The test for this is that the damage must be "reasonably foreseeable", which is the test for legal causation.
• What is an example of a case involving the remoteness of damage?

  The Wagon Mound 1
• What does it mean if the type of injury is foreseeable?

  The defendant will be liable if the type of injury is foreseeable, event though the precise way in which it happened was not.
• What are examples of 2 cases where the type of injury is foreseeable?

  Bradford V Robinson Rentals (though the injury was more severe).

  Hughes V Lord Advocate (though the details weren't foreseeable).
• What does it mean to take your victim as you find them (Eggshell Skull rule)?

  If the type of damage is reasonably foreseeable but is more serious as the claimant had a pre-existing condition, the defendant is liable for all the consequences.
• What is an example of a case involving the Eggshell Skull rule?

  Smith V Leech Brain and Co