"BUT FOR" TEST
Were the concequences not to remote from D's breach of duty?
- C's husband was sent home untreated from hospital after suffering arsenic poisoning and died a few hours later.
- D was not liable, as he would have died even if he was treated as it had already entered his bloodstream.
WAS DAMAGE FORESEEABLE?
C has to prove not only that the damage was not too remote but also that the type of harm was foreseeable.
Wagon Mound No. 1
- D leaked oil from his ship into the…