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Q&A Torts 2013-2014, 10th Edition by Janice Elliott Montague

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3

Negligence - Breach, Causation and Remoteness of Damage

Introduction

Questions involving breach, causation and remoteness of damage are popular with examiners, either as questions in their own right or as part of a question. Thus, the rule that a tortfeasor takes his victim as he finds him often features as part of a negligence question.

Question 10

One day, while walking home, William trips and falls, damaging his knee. Several days later, while driving to work, he sees Victor crossing the road and brakes to avoid running into him. Unfortunately, due to the pain in his knee, he cannot fully press his brake pedal and, as a result, he runs ...

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