Damage (OCR A-Level Law): Quizzes

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Damage
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What is the third essential element of a negligence claim?

Actual damage

What two requirements must be satisfied for damage to be legally recoverable in negligence?

Causation and remoteness

What does the 'but for' test ask?

Would harm have occurred without breach?

In Barnett v Chelsea Hospital, why did the claim fail despite the doctor's breach of duty?

Patient would have died anyway

What principle did The Wagon Mound (1961) establish about remoteness of damage?

Type of damage must be foreseeable

In Hughes v Lord Advocate, what aspect of harm needed to be foreseeable for liability?

The general type of harm

What does the thin-skull rule require defendants to do?

Take victims as they find them

In Smith v Leech Brain, what was the defendant liable for despite it being unforeseeable?

The extent of harm (cancer death)

What must be reasonably foreseeable for damage not to be too remote?

The kind or type of damage

What is a novus actus interveniens?

A new intervening act

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