Podcast
Questions and Answers
What must a claimant show in addition to proving the existence of a duty of care and breach of that duty?
What must a claimant show in addition to proving the existence of a duty of care and breach of that duty?
- The breach of that duty of care
- The damage was too remote
- The damage was caused by the breach of duty of care (correct)
- The damage was unforeseeable
What is the key consideration in determining if the damage suffered is too remote?
What is the key consideration in determining if the damage suffered is too remote?
- The time elapsed since the breach
- The severity of the damage
- The number of people affected by the breach
- Foreseeability of the damage (correct)
What is the practical effect of the rules on remoteness of damage in negligence cases?
What is the practical effect of the rules on remoteness of damage in negligence cases?
- Defendants are not liable for damage deemed 'remote' (correct)
- Defendants are liable for all damage caused
- Defendants are liable only if the damage is too remote
- Defendants are never liable for any damage
In the hypothetical example provided, why might Marx not be liable for all the consequences arising from his negligent driving?
In the hypothetical example provided, why might Marx not be liable for all the consequences arising from his negligent driving?
Why did Marx owe a duty of care to Adam Smith in the second hypothetical example?
Why did Marx owe a duty of care to Adam Smith in the second hypothetical example?
Can the act of suicide be directly attributed to Marx's negligence in the second hypothetical example?
Can the act of suicide be directly attributed to Marx's negligence in the second hypothetical example?
What was the historical approach to determining liability for damages in cases of negligence based on?
What was the historical approach to determining liability for damages in cases of negligence based on?
According to the historical test in Re Polemis, defendants were liable for damages if the damage resulted from what kind of consequences?
According to the historical test in Re Polemis, defendants were liable for damages if the damage resulted from what kind of consequences?
Under the current test for remoteness based on 'reasonable foreseeability,' what aspect determines responsibility according to Overseas Tankship (UK) v Morts Dock & Engineering Co?
Under the current test for remoteness based on 'reasonable foreseeability,' what aspect determines responsibility according to Overseas Tankship (UK) v Morts Dock & Engineering Co?
In the case Tremain v Pike, why was the damage not considered reasonably foreseeable?
In the case Tremain v Pike, why was the damage not considered reasonably foreseeable?
Which test widened the court's consideration of remoteness of damage beyond just 'direct consequences'?
Which test widened the court's consideration of remoteness of damage beyond just 'direct consequences'?
When does the court start considering physical injury foreseeable in relation to remoteness of damage according to Page v Smith?
When does the court start considering physical injury foreseeable in relation to remoteness of damage according to Page v Smith?
What legal test is used to determine the remoteness of damage in negligence cases?
What legal test is used to determine the remoteness of damage in negligence cases?
In the context of negligence, what is meant by 'egg shell skull rule'?
In the context of negligence, what is meant by 'egg shell skull rule'?
Which type of act can break the chain of causation in negligence cases?
Which type of act can break the chain of causation in negligence cases?
What is the main factor considered when determining the remoteness of damage in negligence cases?
What is the main factor considered when determining the remoteness of damage in negligence cases?
In which case did the court establish that a natural event does not break the chain of causation?
In which case did the court establish that a natural event does not break the chain of causation?
What is the correct legal term for breaking the chain of causation in a negligence case?
What is the correct legal term for breaking the chain of causation in a negligence case?
Which situation would NOT break the chain of causation in a negligence case?
Which situation would NOT break the chain of causation in a negligence case?
What approach does the current legal system take regarding the foreseeability of injury in negligence cases?
What approach does the current legal system take regarding the foreseeability of injury in negligence cases?
'Once the claimant has suffered a foreseeable kind of injury,' according to the text, what does it not matter?
'Once the claimant has suffered a foreseeable kind of injury,' according to the text, what does it not matter?
What does the 'egg shell skull rule' stipulate about a defendant's liability?
What does the 'egg shell skull rule' stipulate about a defendant's liability?
