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Lecture 6: Remoteness of Damage in Law
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Lecture 6: Remoteness of Damage in Law

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Questions and Answers

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?

  • 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?

  • 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?

    <p>Adam Smith committed suicide</p> Signup and view all the answers

    Why did Marx owe a duty of care to Adam Smith in the second hypothetical example?

    <p>One road user owed a duty of care to another</p> Signup and view all the answers

    Can the act of suicide be directly attributed to Marx's negligence in the second hypothetical example?

    <p>No, because suicide is an unforeseeable consequence</p> Signup and view all the answers

    What was the historical approach to determining liability for damages in cases of negligence based on?

    <p>Direct consequences</p> Signup and view all the answers

    According to the historical test in Re Polemis, defendants were liable for damages if the damage resulted from what kind of consequences?

    <p>Direct consequences</p> Signup and view all the answers

    Under the current test for remoteness based on 'reasonable foreseeability,' what aspect determines responsibility according to Overseas Tankship (UK) v Morts Dock & Engineering Co?

    <p>Foresight of the reasonable man</p> Signup and view all the answers

    In the case Tremain v Pike, why was the damage not considered reasonably foreseeable?

    <p>Low probability of occurrence</p> Signup and view all the answers

    Which test widened the court's consideration of remoteness of damage beyond just 'direct consequences'?

    <p>The Wagon Mound (No 1) Test</p> Signup and view all the answers

    When does the court start considering physical injury foreseeable in relation to remoteness of damage according to Page v Smith?

    <p>Once physical injury is foreseeable</p> Signup and view all the answers

    What legal test is used to determine the remoteness of damage in negligence cases?

    <p>Foreseeability test</p> Signup and view all the answers

    In the context of negligence, what is meant by 'egg shell skull rule'?

    <p>The defendant must take the claimant as they find them, even if they have a pre-existing vulnerability.</p> Signup and view all the answers

    Which type of act can break the chain of causation in negligence cases?

    <p>Intervening act of nature</p> Signup and view all the answers

    What is the main factor considered when determining the remoteness of damage in negligence cases?

    <p>Foreseeability of the damage</p> Signup and view all the answers

    In which case did the court establish that a natural event does not break the chain of causation?

    <p>Carlsogie Steamship Co v Royal Norwegian Government</p> Signup and view all the answers

    What is the correct legal term for breaking the chain of causation in a negligence case?

    <p>Novus interveniens</p> Signup and view all the answers

    Which situation would NOT break the chain of causation in a negligence case?

    <p>'Thin skull rule' violation</p> Signup and view all the answers

    What approach does the current legal system take regarding the foreseeability of injury in negligence cases?

    <p>'Foreseeability approach'</p> Signup and view all the answers

    'Once the claimant has suffered a foreseeable kind of injury,' according to the text, what does it not matter?

    <p>If the injury occurred in an unforeseeable way</p> Signup and view all the answers

    What does the 'egg shell skull rule' stipulate about a defendant's liability?

    <p>The defendant must take the claimant as they find them, regardless of pre-existing vulnerabilities.</p> Signup and view all the answers

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