Neligence - Causation

Question 1

negligence definition

3steps of negligence

Answer 1

BLYTH V BIRMINGHAM WATERWORKS CO.
failing to do something which the reasonable person would do or doing something which the reasonable person wouldn’t do

• Duty of care
• breach of duty
• causation

Question 2

steps of causation

steps within remoteness

Answer 2

• factual causation
• remoteness and steps within remoteness
• remoteness of damage, reasonably foreseeable
• remoteness of damage, the types of damage
• remoteness of damage, take your claimant as you find him

Question 3

factual causation

• case

Answer 3

BARNETT V CHELSEA KENSINGTON HOSPITAL MANAGEMENT COMMITTEE

but for test - but for d’s act or omission, c wouldn’t not have suffered loss or harm

Question 4

1st step within remoteness

Answer 4

remoteness of damage - reasonable foreseeability
THE WAGON MOUND
D is only liable for damage if it is the foreseeable consequence of his breach

Question 5

2nd step within remoteness

Answer 5

remoteness of damage - type of damage
BRADFORD V ROBINSON RENTALS
d will be liable if the type of injury was foreseeable even if the precise way in which it happened was not

Question 6

3rd step within remoteness

Answer 6

remoteness of damage - take your claimant as you find him - “eggshell rule”
SMITH V LEECH BRAIN
if the type of damage is reasonably foreseeable but it is much more serious because c had a pre-existing condition, d is liable for all of the consequence