Finally, in Lagden v O’Connor [2004] 1 AC 1067 the House of Lords overruled the decision in Liesbosch. Lagden v O’Connor concerned the recovery of hire charges by a claimant who hired a vehicle on credit while waiting for the defendant’s insurers to repair his car. The claimant stated that he could not afford to pay for the repairs himself. The defendant argued that the principle in Liesbosch prevented recovery of the hire charges. The majority in the House of Lords observed that Liesbosch had been decided when the test of remoteness was that of directness, as laid down in Re Polemis. The Law Lords referred to the modern test of reasonable foreseeability, and that the tortfeasor most take his victim as he finds him. This ‘thin skull’ rule applied equally [...].
Answer
to the claimant’s financial health as to his physical or mental state
Tags
#law #negligence #remoteness #tort
Question
Finally, in Lagden v O’Connor [2004] 1 AC 1067 the House of Lords overruled the decision in Liesbosch. Lagden v O’Connor concerned the recovery of hire charges by a claimant who hired a vehicle on credit while waiting for the defendant’s insurers to repair his car. The claimant stated that he could not afford to pay for the repairs himself. The defendant argued that the principle in Liesbosch prevented recovery of the hire charges. The majority in the House of Lords observed that Liesbosch had been decided when the test of remoteness was that of directness, as laid down in Re Polemis. The Law Lords referred to the modern test of reasonable foreseeability, and that the tortfeasor most take his victim as he finds him. This ‘thin skull’ rule applied equally [...].
Answer
?
Tags
#law #negligence #remoteness #tort
Question
Finally, in Lagden v O’Connor [2004] 1 AC 1067 the House of Lords overruled the decision in Liesbosch. Lagden v O’Connor concerned the recovery of hire charges by a claimant who hired a vehicle on credit while waiting for the defendant’s insurers to repair his car. The claimant stated that he could not afford to pay for the repairs himself. The defendant argued that the principle in Liesbosch prevented recovery of the hire charges. The majority in the House of Lords observed that Liesbosch had been decided when the test of remoteness was that of directness, as laid down in Re Polemis. The Law Lords referred to the modern test of reasonable foreseeability, and that the tortfeasor most take his victim as he finds him. This ‘thin skull’ rule applied equally [...].
Answer
to the claimant’s financial health as to his physical or mental state
If you want to change selection, open original toplevel document below and click on "Move attachment"
Parent (intermediate) annotation
Open it of remoteness was that of directness, as laid down in Re Polemis. The Law Lords referred to the modern test of reasonable foreseeability, and that the tortfeasor most take his victim as he finds him. This ‘thin skull’ rule applied equally <span>to the claimant’s financial health as to his physical or mental state.<span><body><html>
Original toplevel document (pdf)
cannot see any pdfs
Summary
status
not learned
measured difficulty
37% [default]
last interval [days]
repetition number in this series
0
memorised on
scheduled repetition
scheduled repetition interval
last repetition or drill
Details
No repetitions
Discussion
Do you want to join discussion? Click here to log in or create user.