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Help with "Actionable Damage"

Dear All,

I am studying law. The teacher has taught us Negligence but has given limited cases on the topic of actionable damage.

So far we have been taught that there are 4 main elements to negligence. These elements must be mentioned in a problem question.

1. Actionable damage
2. Duty of care
3. Breach of duty
4. Causation

- Then Defences

My question relates to the first of these elements which i can find so little information on.

So far I have only a few cases such as
Hinz v Berry - regarding psychiatric harm

Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd [1973] 1 QB 27 - regarding pure economic loss
Questions i need help on:

1. I am not 100% sure on the position for pleural plaques due to the confusion with Rothwell case, Damages (asbestos related) act 2009 (Scotland) and finally AXA General Insurance Ltd v Lord Advocate [2011] UKSC 46 - could someone please clarify what is the position on whether pleural plaques are actionable?

2. Can somebody please help give me some cases and say what they regard to like i have shown above for Hinz v berry and Spartan steel.

I don't mind searching the cases myself, but i don't know where to look due to the lack of info on the net.

I was mainly looking for a case that shows that personal injury and psychical damage is actionable.

Cheers
Jack
Reply 1
Avatar for Mimir
Mimir
20
Tort has the following elements:

1. Duty (eg: Standard of Care, 'reasonable skill and diligence' etc)
2. Breach of duty
3. Causation (IE: The breach must have caused the loss below)
4. Loss
[5. Defences]

There isn't a case to answer if there isn't a loss.

I think what your teacher means in 'actionable damage' is whether it is reasonably foreseeable and soforth, which comes under both duty and causation. There is the test in White and similar cases, which should be in your textbook for Causation.

I don't understand what you're asking for - do you need to know what 'reasonable damage' is? Or are you trying to find out the test for whether the loss is serious enough to bring a case? Or causation?

If you have a scenario that illustrates your question, that would be helpful.

Original post by Revisionrobot

1. Actionable damage
2. Duty of care
3. Breach of duty
4. Causation

- Then Defences

My question relates to the first of these elements which i can find so little information on.


EDIT: "Teacher" - are you an A-Level student or Undergraduate (as suggested in the thread title)
(edited 8 years ago)

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