Damage

• Damage


  the question of :

  Has the D's breach of duty led to the injury or property damage suffered
• Factual Causation


  If this cannot be proved there is no need for causation in law

  Decided by the but for test

  Barnett v Chelsea
• Causation


  a link between the D's act or omission and the injury, loss or damage caused to the claimant
• Intervening acts


  Breaking the chain of causation (Novus actus interveniens)
• Remoteness of damage 


  Where factual causation is proved it must be proved that the damage is not too remote from the negligence of the defendant.

  (The Wagon Mound)
• Reasonably Foreseeable


  A result such as an injury or damage which a reasonable person could foresee could result from their actions or omisssions
• Types of injury foreseeable

  The D will be liable if the type of injury was foreseeable, even though the precise way in which it happened was not.

  Bradford v Robinson Rentals
• Thin skull rule


  Take your victim as u find them