Discuss the Extent to Which the Rules on Causation and Remoteness of Damage Are Fair to Both Parties

contend the extent to which the rules on causation and remoteness of peck at are fair to both secernies. Causation is where you determine if the defendant has contributed to the vilify remoteness makes a link between the wrong and the tort. Barnett v Chelsea but for test negligence - Duty of pull off , breach of duty and damage. wagon mound established remoteness. strain for remoteness is foreticuloendothelial systemeeability ( left oil, welders, ignited cotton waste ) smith v leechbrain thin skull rule Fairchild v glen nursen Fairchild exeption (two comp whatsoevers liable) smith v littlewoods was in that location an intervening act? Where the precations reasonable? noveus actus interveniens. scott v London and st Katherine res ispa loquitor facts speak for themselves sugar falling from wharehouse.

Discuss the view that the tort of loathsome shock is governed more by policy than by legal principles Victoria railway nervous shock was not recognized- floodgates dulieu v white 1901 first slick (primaryvictim page v smith 0 physical detriment = automatic consider bourhill v young bystander alock- three part test: unaided sense eyesight incident or immediate aftermath mcloughlin v obrian nigh ties of love and pump whitevchief constable The various requirements developed in raF entail that the speculation of success is slim. demean based tort exact obligation ( liable even if not negligent ) Blackburn j any person who brings onto land, escapes and causes damage Giles v walker bring onto land pass read v lyons Damage Cambridge v east countries leather Defence! s acts of peculiar rockards v Lothian volenti statutory authority honey oil v Chelsea dent of the claimant act of god Nichols v marsland prof Rogers notes that Rylands v. Fletcher has comparatively seldom been the basis of a successful claim in the position courts since 1900 rule operates within a set compass and seldom leads to a liability the could not have been established...If you want to beat a full essay, order it on our website: OrderCustomPaper.com

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