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Study Notes

Key Case | Bradford v Robinson Rentals (1967) | Negligence - Damage - Remoteness

Level:
A-Level, BTEC National
Board:
AQA, Edexcel, OCR, IB, Eduqas, WJEC

Last updated 5 Oct 2020

According to the principles of remoteness of damage, a claimant suffering harm of a greater extent than would be foreseen does not prevent liability where harm is of the type that would be reasonably foreseen.

CASE SUMMARY

Claimant: Mr Bradford

Defendant: Robinson Rentals - the employers of Mr Bradford

Facts: Mr Bradford was instructed by his employer to undertake a long return journey in order to collect a new van. The travel advice at the time was not to travel unless entirely necessary due to adverse weather conditions. Neither of the vans had a heater. As a result of taking the journey the claimant suffered frostbite.

Outcome: Liable

Legal principle: The injury suffered by the claimant, albeit to an unusual extent, was of the type of injury to be reasonably foreseen as a consequence of the defendant’s breach of duty.

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