In english law, remoteness is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong in negligence , the test of causation not only requires that the defendant was the cause in fact, but also requires that the loss or damage sustained by the claimant was not too remote. Study note on remoteness of damage in negligence free study and revision resources for law students (llb degree/gdl) on tort law and the english legal system. Legal concept of remoteness the tort negligence introduction 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. Note that remoteness is termed in the civil liability act 2002 (nsw), s 5d as scope of liability this article is a topic within the subject torts.
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. The current test of remoteness used by the courts was developed in the case, overseas tankship (uk) ltd v morts dock & engineering co ltd (the wagon mound) no 1 in this case, lord simons said that it was the foresight of the reasonable man which alone can determine responsibility.
12 remoteness: new problems with the old test remoteness adam kramer adam kramer i introduction it is my view that the application of the test of contractual remoteness is. The test of remoteness of damage limits this liability by defining certain types of damage or losses as being irrecoverable as a matter of law the test is carried out to protect the defendant in breach of their obligations from unusual or unexpected claims.
The 2008 case of transfield shipping inc v mercator shipping inc [2008 ukhl 58] compounded confusion in respect of the principle of remoteness of damages, as the judgment appeared to establish a new legal test for remoteness this shipping industry case involved the late redelivery of a vessel by 9 days.
The principle of ‘remoteness of damages’ was articulated in hadley v baxendale [1843 all er rep 461] in 1853 it is a concept which has been widely debated, and to this day, remains somewhat ambiguous uk corporate/commercial law lawrence graham llp: commerce & technology 29 apr 2010.
Overview of the law relating to remoteness of damage in tortious liability considers the wagon mound test and its application and the egg shell skull rule.
The principle of 'remoteness of damages' was articulated in hadley v baxendale [1843 all er rep 461] in 1853 it is a concept which has been widely debated, and to this day, remains somewhat ambiguous. Remoteness of damage relates to the requirement that the damage must be of a foreseeable type in negligence claims, once the claimant has established that the defendant owes them a duty of care and is in breach of that duty which has caused damage, they must also demonstrate that the damage was not too remote.
Contract: in contract, the traditional test of remoteness is set out in hadley v baxendale ( 9 ex 341)the test is in essence a test of foreseeability that is, the loss will only be recoverable if it was in the contemplation of the parties. This essay has been submitted by a law student this is not an example of the work written by our professional essay writers negligence causation and remoteness.