JSB171 Lecture Notes - Lecture 1: Vicarious Liability, Eggshell Skull, Nsw Lotteries
Document Summary
What are we looking at today: damage recognised by law - done, factual causation finished today, scope of liability multiple tortfeasors today, factual causation. 11 general principles (3) if it is relevant to deciding factual causation to decide what the person who suffered harm would have done if the person who was in breach of the duty had not been so in breach . Berry v kanakis [2002] nswca 68, [42] Plaintiff"s direct testimony is inadmissible, unless against the plaintiff"s own interest. Livingstone v mitchell [2007] nswsc 1477: scope of liability. Prior to cla: referred to as causation in law" or remoteness". Places a limit on the extent to which a defendant is deemed liable for the loss caused by their breach. This is a matter of policy (b) it is appropriate for the scope of the liability of the person in breach to extend to the harm so caused (scope of liability).
