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Legal test of causation
- The term remoteness refers to the legal test of causation which is used when determining the types of loss caused by a breach of contract or duty which may be compensated by a damages award.
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The term remoteness refers to the legal test of causation which is used when determining the types of loss caused by a breach of contract or duty which may be compensated by a damages award. Legal causation is different from factual causation which raises the question whether the damage resulted from the breach of contract or duty.
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How is remoteness addressed in English law?
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What is remoteness in a negligence case?
In English law, remoteness between a cause of action and the loss or damage sustained as a result is addressed through a set of rules in both tort and contract, which limit the amount of compensatory damages available for a wrong.
THE REMOTENESS DOCTRINE: A RATIONAL LIMIT ON TORT LAW. Victor E. Schwartzt. An individual or corporation should be subject to liability when it is negligent or commits a wrong that directly harms another.
Searches related to define remoteness in law
- Introduction
- Remoteness and Foreseeability
- Is Foreseeability The Right Test?
- Concluding Comments
This paper discusses the legal concept of remoteness in the tort of negligence. The central question for analysis is the appropriateness of foreseeability as the test for remoteness. Relevant case law and pertinent authorities are considered and conclusions are offered against the backdrop of this legal matrix.
Should a defendant be liable for all the consequences of his or her actions, no matter how unlikely or unpredictable it is that those consequences manifested themselves? Remoteness is a legal principle that serves to limit the potential liability of a tortfeasor in practice (Elliot and Quinn, (2007), p104 et seq). The issue of remoteness arises on ...
The title to this paper poses a direct question: should foreseeability continue to be the applicable test for remoteness? There is at first sight a tempting argument to the contrary. If a defendant’s negligence sets in train a course of events that result in wide ranging and far reaching damage why shouldn’t that defendant be made liable for all th...
This paper concludes that foreseeability should remain the applicable test for remoteness. A principle of good old fashioned common sense seems apposite: if it isn’t broken, don’t try to fix it. It is argued that Viscount Simmonds’ contention that foreseeability should continue to be the applicable test for remoteness, is well founded, primarily be...
Jul 24, 2024 · Remoteness is the fourth limb of the negligence action, and represents the final opportunity for the court to circumscribe D's liability. This element asks whether the damage complained of, although factually caused by D's act or omission, was legally too remote.
Jul 8, 2024 · Remoteness, also known as the doctrine of remoteness of damage, is a legal principle used in Tort Law to determine whether a defendant is liable for the harm or damage suffered by the plaintiff.
4 days ago · remoteness of damage. Loss or injury that has resulted from unforeseen or unusual circumstances. In the law of negligence, a person is presumed to intend the natural consequences of his acts. A person who is negligent will be liable for all the direct and immediate consequences of the negligence.
