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landmarks in the common law

Tort causation cases

Ian Yule examines some tort causation cases in relation to the Wagon Mound rule

This column is relevant to AQA A-level Paper 3 (tort law) and OCR A-level Unit 2 (law of tort).

The Wagon Mound rule is that the defendant is only liable when the claimant can prove that the kind of damage suffered was reasonably foreseeable by the defendant at the time of the duty and breach of duty of care. However, as the following cases illustrate, the courts have been prepared to take a broader view when considering this issue of foreseeability, especially when children are the claimants.

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Tribunals: structure and role

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