Damage

• Claimant must show that damage was caused as a result of breach. (personal injury or property damage)
• Factual causation - courts apply 'but for' test to establish whether defendant was the factual cause.
• Factual Causation example - Barnett V Chelsea - D, a busy doctor declined to examine a patient who was sent home and died later. Patients wife sued but it was found even if doctor examined him it would have been too late. The defendant doctor was not liable as the doctors action were not factual cause.
• Legal causation or remoteness of damage - the loss must not be too remote from the original careless act. 'Was the type of loss reasonably foreseeable.'
• Reasonable foreseeable damage example - The wagon Mound case - Oil spilled from defendants tanker into Sydney harbour. Oil spilled along claimants boat and spar set fire and whole boat house burnt. Defendant was not liable because fire damage to claimant's boathouse was not a type of loss foreseeable as a result of pollution damage.
• Thin skull rule - Even if claimant is particularly susceptible to injury over and above an ordinary person, defendant will still be liable for the whole loss. Defendant must take his victim as he finds him.
• Thin skull rule example - Smith V Leech brain - Because of claimants employers negligence, claimant was burned on lip. Claimant had a pre-cancerous condition and burn turned to cancer and he died. Defendant was liable for his death, not just the burn as the defendant had to take his victim with his pre-cancerous condition.
• Res Ipsa Loquitur - the thing speaks for itself - generally to bring in a case of negligence - duty , breach and damage must be proven. However, sometimes principle of res ipsa loquitur applies and evidence of these factors is not required.
• Res Ipsa Loquitur Example - Scott V London St Katherine's dock. Large bags of sugar fell from defendants crane and hit him. Claimant could not prove what had cause bags to fall. Court relied on doctrine of Res Ipsa loquitur to find defendant liable.
• Volenti non fit injuria example - Young v Bristol aeroplane company - Claimant agreed to go up in plane knowing it was unfit but suffered injuries when plane crashed. He was held to have assumed the risks involved and therefore could not sue.
• Contributory negligence - If the claimant contributed to their own harm then the amount of compensation awarded may be reduced. This is known as contributory negligence.
• Volenti non fit injuria - A voluntary assumption of risk by the claimant means that they cannot recover damages even though the defendant has been negligent.