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8 Cards in this Set
- Front
- Back
to start of |
to establish if (d)’s breach caused the (c) injury both damage in fact and in law must be established. |
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second part |
but for (d’s actions) (would the injury/damage have occurred?) Barnett V Chelsea + Kensington Hospitals) |
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Consider novus actus interveniens |
smith v littlewoods |
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third part |
to establish causation in law, it must be shown that the damage was foreseeable and not too remote from the breach (wagon mound) |
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if YES to part three |
bradford v robinson rentals |
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if NO to part three |
Doughty v Tuner Asbestos |
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forth part |
it does not matter whether the full extent of the injury was foreseeable as you must take your victim as you find him (smith v leech brain) |
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final part |
therefore, it is likely that (d) did/did not cause the damage complained |