Damage

• Must prove that the damage suffered was a result of the breach (Factual causation)
• Must also prove that the damage is not too remote (Legal causation)
• "But for" test.

  Barnett v Chelsea and Kensington Hospital.
• Need to consider 3 things for legal causation:

  1. Intervening events
  2. Remoteness of damage
  3. The egg-shell skull rule
• Intervening acts: They can break the chain of causation. Makes us consider what the real cause of injury/damage is. Considers whether the injury/damage was a foreseeable consequence of the act/omission.
• Remoteness of Damage: The damage must not be too far removed from the act/omission of the D.

  The Wagon Mound: Unforeseeable damage.
• Hughes v Lord Advocate: Reasonably foreseeable damage.
• Eggshell skull rule: Take the victim as you find them.

  Smith v Leech Brain and Co.
• Eggshell skull is the same as the thin skull rule (but for civil law).
• Res ipsa loquitur: "the thing speaks for itself".

  The claimant must show the D was in control of the situation that caused the injury, and that nothing would've happened unless someone was negligent.

  Scott v London and St. Katherine Docks.