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Remoteness Notes

GDL Law Notes > GDL Tort Law Notes

This is an extract of our Remoteness document, which we sell as part of our GDL Tort Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.

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REMOTENESS

Rogers: 'any student who expects a scientific analysis of …
["remoteness"] will be grievously disappointed'.
Novus Actus Interveniens of a Third Party

Lamb v Camden LBC [1981] - Council negligently fractured pipe under C's flat. This caused extensive damage and the property had to be vacated. A year later squatter moved in and caused more damage.
 Held LA not liable for damage caused by squatters. This was a NAI.
 Denning: As a matter of policy was the responsibility of the owner of the house to ensure it was secure while unoccupied and insure it against damage.
 Watkins LJ: Judges should take robust approach, if they have a instinct that the damage is too remote they should listen to that instinct.
o Knightly v Johns [1982] - John's negligent driving caused car to overturn in tunnel. Senior officer negligently instructed two officers on motorcycles to drive on wrong side of road to the other end of the tunnel and close it off. One of the officers was involved in a crash and died.
 Held the Senior Officer's negligence was a NAI.
Claimant was entitled to full damages from the senior officer
 CA: An act is more likely to break the chain than an omission
 Negligent conduct is more likely to break the chain than non-negligent conduct.
o Scott v Shepherd (1773) - D1 threw a squib (lit firework)
into market place. Two others threw it on/away from themselves before it landed near C. D2 and D3 not laible as acting in heat of the moment.
 Actions in the heat of the moment do not break the chain.
o Robinson v Post Office (1974) - Slipped on ladder. Taken to hospital and given tetnus jab. Developed brain damage. Thin skull rule applied and original defendant guilty.
 Medical treatment msut be palpably wrong to break the chain.
Novus Actus Interveniens of Claimant

McKew v Holland (1969) - Scotland - C strained his back and hips and his leg was prone to giving way without any warning after an accident at work. Attempted to walk down steps without daughters help. Felt leg give way and jumped to the bottom. Permanently disabled.
 Held C's actions were unreasonable and therefore amounted to a NAI.
o Wieland v Cyril [1969] - claimant injured in road accident.
Given neck brace. Sought son's help to get her home safely.

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