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Damage - Coggle Diagram
Damage
Causation
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An intervening act can break the chain in causation.
The principle that is applied is whether the resulting damage was a foreseeable consequence of the original act
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Remoteness
If damage is too remote then the claimant may still fail.
The defendant is only liable for damage if it is the foreseeable consequence of a breach of duty.
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Remoteness of damage
- The kind of damage must be foreseeable , it does not matter that the precise way in which it happened was not foreseeable.
- Bradford v Robinson Rentals - not too remote
- Hughes v Lord Advocate - not too remote
- Doughty v Turner Asbestos - too remote,no claim.
- Thin skull rule– Take your victim as you find them
Smith v Leech Brain - The defendant cannot use something special or unique about the claimant to escape liability.