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15 Cards in this Set
- Front
- Back
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What was outlined in Croydon health authority |
Must be proven that damage is suffered as result of breach. No damage no claim |
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What are the three elements required to establish damage |
Factual causation Remoteness of damage Thin skill rule |
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What was outlined in Barnett v Chelsea |
The D's breach of duty must be the factual cause of the damage which is proven with the but for test |
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What is the civil but for test |
But for the D's breach of their duty would the claimant have suffered damage? |
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What was outlined in Bonnington Castings Ltd |
If there are multiple causes then the D's actions must have materially contributed to the harm |
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What was outlined on McGhee v National Coal Board |
If D's conduct causing harm can't be proven but can be shown it materially increased the risk of injury they will be a cause |
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What's the principle for remoteness of damage |
Damage must not be too remote from the negligence |
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What was outlined in Wagon Mound |
Damage or injury caused must be reasonably foreseeable so it isn't too remote |
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What was outlined in Hughes v Lord Advocate |
D liable if type of harm is foreseeable but not exact way it happened |
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What was outlined in Smith v Leech Brain |
D must take claimant as they find them. If original type of injury or damage is foreseeable but made worse by a peculiar characteristic then the damage isn't too remote |
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What's an intervening act? |
An act that will break the chain of causation |
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What was outlined in Home Office v Dorset Yacht |
If act of a 3rd party is unforeseeable then the D isn't liable |
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What was outlined in Knightley |
If acts of 3rd party are negligent then it's even more likely to break the chain |
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What was outlined in Reeves v Commissioner of the police |
If the claimant acts unreasonably in the circumstances it will break the chain of causation |
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What was outlined in Spencer v Wincanton Holdings |
Unwise behaviour may not be enough to break the chain |
