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

talk of the extent to which the rules on causation and remoteness of malign are fair to both interrupties. Causation is where you determine if the suspect has contributed to the vilify remoteness makes a link between the injure and the tort. Barnett v Chelsea but for test negligence - Duty of tell apart , breach of duty and damage. wagon mound established remoteness. analyse for remoteness is foreticuloendothelial systemeeability ( left oil, welders, ignited cotton waste ) smith v leechbrain thin skull rule Fairchild v glen mystifyn Fairchild exeption (two compeverys 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 nauseated shock is governed more by policy than by legal principles Victoria railway nervous shock was not recognized- floodgates dulieu v white 1901 first nerve (primaryvictim page v smith 0 physical scathe = automatic margin call bourhill v young bystander alock- three part test: unaided sense eyesight incident or immediate aftermath mcloughlin v obrian nigh ties of love and affectionateness whitevchief constable The various requirements developed in raF entail that the scuttle of success is slim. buck 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 easterly countries leather Defences acts of peculiar rockards v Lothian volenti statutory authority light-green v Chelsea dent of the claimant act of god Nichols v marsland professor 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 peg compass and seldom leads to a liabili! ty 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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