Remoteness of Damages Essay - 1248 Words.

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 concept of remoteness of damage is based on the ability of foreseeability. According to this concept, a defendant can be held liable only for the damage of the type which a reasonable person could have foreseen in the given circumstances.

Remotness Of Damage Essay; Remotness Of Damage Essay. 1249 Words 5 Pages. Remoteness of damages deal with instances where the law court will draw a line beyond which it will consider the losses bound by suffering parties to unrecoverable. It is based on the rule that loss suffered must be proximate to the breach.Asquith L.J. considered that the.

Introduction: (The Remoteness of Damages in law of torts.) Once the tort has been committed, the real liability arises on the defendant. The consequence of wrongful act is endless or it would be right to say that it is a consequence of consequence. For example, a cyclist negligently hits pedestrian who was carrying a bomb in his pocket.

Damages in contract law can be defined as a sum of money paid to the innocent party in compensation for a breach of contract. Distress resulting from a contract was the basis of Lord Scott’s decision in Farley v Skinner. Distress is different to consumer surplus in that it actually results in a.

The test of remoteness essay.. Test of remoteness of damage restrictions this legal responsibility by understanding certain types of damage or perhaps losses as being irrecoverable being a matter of law. The test is carried out to shield the accused in break of their commitments from unconventional or unforeseen claims.

The Wagon mound no.1 Remoteness of damage must be reasonably foreseeable- Defendant chartered a ship which had been spilling oil. - Highly unlikely the oil would catch alight - Plaintiff was weilding- however it did therefore causing fire damage to the plaintiffs wharf Held that this fire dam.

Tort: Causation and Remoteness Essay. 1. Causation.. surely you shouldn’t compensate me because there is no extra damage caused by your action. Baker v Willoughby (1970) AC 467 (NB CONFINED TO CASES OF TWO TORTIOUS ACTS BY JOBLING): P walked into the middle of the road and D, driving, ran into him, causing damage to P’s leg.

REMOTENESS (CAUSATION OF LAW) As well as proving that the defendant’s breach of duty factually caused the damage suffered by the claimant, the claimant must prove that the damage was not too remote from the defendant’s breach. The remoteness test is a legal test, rather than a factual one.

The damages remoteness rules limits, in both contract and tort cases, the number of compensatory damages for which a negligent defendant may be liable. This doctrine ensures that defendants are only liable for the damages that can fairly be attributed to him.

Negligence means breach of duty to care resulting in damage to the claimant, and imposing civil liability on the defendant. Section 5 of Civil Liabilities Act, 2002 defines negligence as failure to exercise reasonable care and skill. Under negligence, protection against three types of harm is.

A final aspect of the remoteness of damage is the eggshell (or thin) skull rule. This means a defendant must take their victim as they find them. If the victim is particularly vulnerable or has a pre-existing condition resulting in them suffering greater injury than would be expected in an ordinary person, the defendant remains responsible for the full extent of the injury.