The court did not directly deal with the issue

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The court did not directly deal with the issue, finding that the defendant, even though he may not have appreciated it was wrong, had understood what he was doing at the time of the accident. o CAUSALLY INDEPENDENT EVENT A natural event will break the chain where: The event is causally independent of the D’s negligence The coincidence of this event is so unlikely as to be considered a natural coincidence. (For example, leaving a body next to beach. Very likely the tide will come and wash away; therefore hardly coincidental.) o NEGLIGENT ACT BY THIRD PARTY Subsequent cases show 3 rd requirement: Mahoney v Krustich Demolitions Pty Ltd: involves employee injured at work and sued employer arguing injuried due to employers negligence. Employer argued that P’s injuries exascebated by negligent treatment from doctor and made them worse. Employer argued docs negligence broke chain of causation. Court held medical negligence can break causation but only when grossly negligent or inexcusably bad. So only gross negligence will be an intervening act. o NEGLIGENT ACT BY PLAINTIFF Courts are reluctant to put P’s own act as negligent. (Rather use this in defence of contributory negligence. For example, the Plaintiff’s drunk state in March v Stramore. )
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LEGALLY RECOGNISED HARM o Physical injury o Property damage o What about loss of a chance??? (Different from increased risk.) Not a loss of chance case where D’s breach of duty caused harm to P. Is a loss of chance if P had already suffered harm in question but lost chance t recover from harm due to D neglect. Chappel v Hart: Kirby suggest loss of chance could sometimes make a legally recognised loss. England & Canada: loss of chance no! Haynes rejected it. Victorian Court of Appeal however says there is a chance it will be enough. Gavalas v Singh. 2001 Vic Court of Appeal: law will sometimes give damages for the lost chance of a more favourable outcome from treatment where that loss results from a doctor’s negligent failure to diagnose.
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R E M O T E N E S S Remoteness of damage is a question of law which marks the boundaries of the damage to which the tortfeasor will be responsible (Waganmound) 1. There is a duty 2. There was a breach of such duty 3. The D’s negligence was the cause of P’s injury 4. The injury or damage is not too remote. S 50(1)(b) In order for there to be liability it must be appropriate for the scope of the negligent persons activity to extend to the harm that has been caused. If the harm is too remote, it will not be appropriate for liability to attach to the harm. COURT DETERMINES REMOTESNESS THROUGH REASONABLY FORSEEABLE o Even if can show D breached duty of care, and even if can show that caused harm of a legally recognised kind, may still not be liable as can be considered too remote. (Such as in cases where P suffers unusual injury.) Ask: Was the damage sustained by the Plaintiff of such a kind that the reasonable person in the circumstances of the defendant should have foreseen it? (Wagon Mound 1) Is such a not conclusion far-fetched or fanciful? (Wagon Mound 2) Reasonable foreseeability:
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