Causation of damage

Cards (8)

  • What two elements of causation are required?
    Factual causation
    Remoteness of damage (Legal causation)
  • What is the case for factual causation in civil?
    Barnett
  • What is the Barnett test for factual causation?
    Would the C. not have suffered harm 'but for' the D's negligence
  • What is the case for remoteness of damage in civil?
    The Wagon Mound
  • What is the Wagon Mound test for remoteness of damage?
    Was the C's injury a reasonably foreseeable consequence of the D's breach of duty
  • What type of test is the Wagon Mound test for remoteness of damage?
    Objective
  • What is the eggshell skull rule?
    D. must take his victim as he finds him
  • Which case established the eggshell skull rule?
    Smith