Breach cause Damage✅

1st paragraph (breach cause damage)

We must prove Ds breach called the damage/ injury to C.

2nd paragraph (FC- B v C & KHB)

First, courts consider FC. D Must satisfy the but for test, but for the defendants act or omissions would the claimant have suffered the injury/damage? if answer no, FC satisfied. Barnett v Chelsea & Kingsinton hospital board

3rd paragraph (LC- Intervening Act)

For LC, D must have been a significant cause. intervening acts such as: act of C Mckew v Holland, Act of nature Carslogie steamship co v Royal Norwegian Gov and Act of 3rd party Knightly v Johns. IA can break the chain of causation.

4th paragraph (Remoteness- WMC)

Damage must not be too remote from Ds actions. C must prove damage was reasonably foreseeable. eg Wagon Mound Case

5th paragraph (type of damage - H v La, D v TA, B v RR)

Type of damage must also be foreseeable. Type of injury must be foreseeable but not the extent Hughes v Lord advocate. If damage that occurs is of a totally different type to what is expected then it will be too remote Doughty v Turner Asbestos. but when damage occurred is worse than expected but of the same type then not too remote Bradford v Robinson rentals.

6th paragraph (egg shell skull rule, S v LB)

finally, eggshell skull rule must be considered. If C has some sort of pre-existing condition which makes the damage worse, D must take C as they find them, Smith v Leech Brain. D responsible to full extent of Cs injuries/ damage to property.