The general principle here is that the damage cannot be too remote from the actual breach of duty. We said then that remoteness of damage came into those situations. Arising … The foreseeability of damage, like the proximity test, must be applied to different circumstances and as a result it is unable to be a rigid test that strictly ensures a coherent line of principle. Since one of the principal aims of the law of contract is certainty, the rules are well settled. Remoteness of damage – the kind of damage must be reasonably foreseeable
The principle here is that as long as the type of damage is
foreseeable, it does not matter that the form it takes is
unusual. We are looking for consequences that could be in the reasonable contemplation of the defendant. Firstly, some context. Remoteness of damage is a matter of fact, and the only guidance, the law can give to lay down general principles. What are synonyms for detachment? For example "to damage something" is an action and therefore a verb. remoteness of damage 1 in contract law, the concept that protects the contract-breaker from having to pay for all the consequences of his breach. Despite this, the remoteness of damage is still helpful in creating a coherent principle and probably more so than the proximity of … INTRODUCTION It is difficult to imagine a clearer example of a policy decision than the judgment of the Privy Council in the Wagon Mound No. In the Contemplation of Parties The second branch of the section would govern the cases where the effect of the breach exceeds the effects which would occur in the normal or basic circumstances stated in the first … The test for remoteness in contract law comes from Hadley v Baxendale. A classic example of this is Bradford V Robinson
Rentals (1967). 2 CAUSATION AND REMOTENESS OF DAMAGE IN CONTRACT 2.0 SUMMARY • Causation determines the existence of liability (as intuitively, one should be responsible for damage that one’s wrongful act creates), whereas remoteness restricts the scope or extent of liability (as a matter of substantive The leading case provides for two rules (or two branches of a single rule). Must be reasonably foreseeable 2. Causation and remoteness are the essential links between the breach of the obligation imposed by law and the damage. ... recoverable as damages. due to novus actus interveniens) 3. Eggshell skull rule 5. Remoteness of damage concerns whether the law is prepared to attribute a certain loss to the wrongdoing, be it a breach of contract or negligence. The Rule in Hadley v Baxendale (1854) is still the leading case on remoteness of damage. We come onto that case law below. The same concepts apply in tort law and for breach of contract. It is commonly said that causation is essentially factual and logical the question, but that remoteness is a legal question, based on policy considerations about the appropriate extent of a … indifference, fairness, neutrality, objectivity, impartiality, coolness, remoteness, nonchalance POLICY AND REMOTENESS J. G. Merrills* I. Damages and Reasonable Foreseeability. Alderson, B., … MOST IMPORTANT CASE IN REMOTENESS OF LOSSES 1. Facts: The defendants carelessly exposed their employee, a van driver (the claimant), to extreme cold in the course of his duties.The claimant suffered frost bite as a result. Say for example, a solicitor’s wrongdoing causes you to lose a completely unconnected unusual but lucrative business opportunity. 1.1 In 1961 when that case was decided the law on remoteness of damage in negligence was far from satisfactory. Doesn't mean defender is liable for ALL damage which was reasonably foreseeable (for e.g. TYPE of injury must be foreseeable, EXTENT irrelevant 4. 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