What is causation and remoteness of damage?

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. Contract: In contract, the traditional test of remoteness is set out in Hadley v Baxendale ([1854] 9 Ex 341).

What is the remoteness of damage?

The term ‘remoteness of damages’ refers to the legal test used for deciding which type of loss caused by the breach of contract may be compensated by an award of damages.

What are causation issues?

Causation deals with the defendant’s action, without which the result would be nonexistent. Therefore, the interpretation of causation must include and consider certain other factors such substantiality or proximity before they can be regarded as the legal cause. …

How is the remoteness of damages tested?

Following the Wagon Mound no 1 the test for remoteness of damage is that damage must be of a kind which was foreseeable. Once damage is of a kind that is foreseeable the defendant is liable for the full extent of the damage no matter whether the extent of the damage is foreseeable.

What is causation negligence?

Causation (cause in fact) The third element of negligence is causation. Causation requires a plaintiff to show that the defendant’s breach of duty was the cause of the plaintiff’s injury and losses. Another thing to consider is whether the defendant could have foreseen that his or her actions might cause an injury.

What is foreseeability negligence?

Foreseeability asks how likely it was that a person could have anticipated the potential or actual results of their actions. In tort negligence lawsuits, foreseeability asks whether a person could or should reasonably have foreseen the harms that resulted from their actions.

What is the test of reasonable foresight?

The Test of Reasonable Foresight According to this test, if the consequences of a wrongful act are foreseeable by a prudent man, then they are considered not too remote. On the other hand, if the consequences of a wrongful act are not foreseeable by a prudent man, then they are considered to be too remote.

How is remoteness related to causation and negligence?

This essay will also look at the intervening acts and touching upon the subject of remoteness before concluding on the subject of causation and negligence. The courts must first examine that the breach of duty must be the factual cause of the damage.

How is causation and remoteness of CIE law tutor?

As a result of the defendant’s breach of duty, the claimant hurt his back at work, which reduced his earning capacity by 50%. Three years later, the claimant was diagnosed with myelopathy (which had no connection with the accident), and was unable to work.

How is causation established in a breach of duty case?

Causation is established by proving that the defendant’s breach of duty, as a matter of fact, a cause of the damage. The first question is whether the damage would have occurred but for the breach of duty. This is known as the ‘but for’ test.

What was the remoteness of the damage caused by an explosion?

One of the claimant’s employees placed the chemical with water, and a massive explosion occurred Held. Property damage foreseeable as a result of explosions, and the amount was irrelevant. The damage was extensive in this case The claimant’s property was damaged by the defendant’s negligence.