Damage

Cards (6)

  • Smith v Leech Brain (1962)

    Think Skull rule - C who had a rare cancer gene, was burnt by molten metal at work which brought on the cancer and he eventually died. The Court decided that the burn was a reasonably forseeable result of D's negligence and that D had to take C as he found him.
  • Hughes v Lord Advocate (1963)

    Remoteness - D left an open manhole unguarded surrounded by paraffin lamps. A young boy knocked one in the whole and was burned in the subsequent explosion. Burn injuries caused by an unattended lamp are foreseeable even if what actually happened was not.
  • The Wagon Mound No.1 (1961)

    Remoteness - D's negligently spilled oil in a harbour which later caught fire damaging the dock. Although oil pollution damage was reasonably foreseeable, the damage by fire was too remote.
  • Knightley v Johns (1982)

    Intervening acts - D's negligent driving caused an accident. A police officer caused a second accident. The conduct of the officer was so unreasonable that it broke the chain of causation so D was not the cause of the second accident.
  • Chester v Afshar (2004)

    Factual Causation - Doctor failed to warn patient about risks involved in back surgery. But for his failure to warn, C would not have had surgery and suffered injury so factual causation was established.
  • Barnett v Chelsea & Kensington Hospital (1969)

    Factual causation - But for the doctor diagnosing his arsenic poisoning, V would have died anyway so no factual causation.