Damage

Cards (7)

  • Barnett V Chelsea and Kensington Hospital (factual causation)
    Man complaining of stomach pains but doctor refused to examine him he later died of arsenic poisoning - no causation as hospital couldn't save life
  • Smith V Littlewoods (Intervening acts)
    Vandals broke into unoccupied secured building and setting fire to it was new intervening act - not foreseeable so chain not broken
  • Wagon mound (remoteness)
    Oil spilt which spread over water and later caught on fire - not reasonably foreseeable and too remote from negligent act so not liable
  • Bradford V Robinson Rentals (remoteness that is foreseeable)
    Claimant required to drive van with no heating so had to drive with windows open and suffered frostbite - foreseeable that claimant would suffer some type of injury so defendant liable
  • Smith V Leech Brian (thin skull rule)
    C suffered small burn from small splash of molten metal triggering pre existing cancer - minor injury foreseeable but extreme reaction unlucky but liable as you take victim as you find them
  • Smith V London and St Katherine docks (Res Ipsa)
    Claimant hit by heavy bags of sugar which fell from defendants warehouse. Claimant didn't know what caused them to fall - sugar under control of defendant
  • Mahon V Osbourne (Res Ipsa)
    Claimant went into hospital for operation and died when should have made full recovery later found that a swab was left inside him - swab under control of defendant