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Torts
Negligence
Causation of damage
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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