LAW 122 Lecture Notes - Lecture 8: Eggshell Skull, Contributory Negligence
1 Oct 2017
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Subject to the effects of the defence of contributory negligence, the plaintiff in a negligence action recovers damages with respect to either all or none of its recognized losses. The right to recovery depends upon proof of the elements of the cause of action in negligence (duty of care, breach, causation of harm) on a balance of probabilities. If there is at least a 51 percent chance that the defendant"s negligence caused the plaintiff"s loss, then the court will award damages for all of that loss. In contrast, if there is less than a 51 percent chance that the defendant"s negligence caused the plaintiff"s injury, then the court will not award damages for any of that loss: the facts raise the thin wallet rule. That rule is related to the thin skull rule. Both concepts fall under the rubric of remoteness.
