What do you understand by remoteness of damages?
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 the principles of remoteness of damage explain with the help of cases?
The principle of Remoteness of Damages is relevant to such cases. An event constituting a wrong can constitute of single consequence or may constitute of consequences i.e. series of acts/wrongs. The damage may be proximate or might be remote, or too remote. A few elaborations of cases would perhaps make it more clear.
How do you prove remoteness of damage?
The court found for the defendant, setting out a two-stage test for remoteness of damage. In order to be recoverable, the loss must be: either a normal result of the breach, or. one which, at the time of the contract, both parties would have contemplated as a probable result.
What is meant by remoteness of damage in negligence?
Causation and remoteness of damage. 7.25 A person cannot be liable for damages for failure to take care to prevent personal injury or death unless negligent conduct on his or her part (whether act or omission) caused the harm, and unless that harm was not too ‘remote’ from the negligent conduct.
Why is the remoteness rule needed?
The test for remoteness is important in a negligence case because it can affect the outcome of a claim. The Court must first examine whether there is a breach of duty, and if this is the cause of the damage or loss the Claimant has suffered.
Is the remoteness rule fair?
Abstract: Hadley v Baxendale remoteness is generally regarded favourably in the law and economics literature. Orthodox theory views remoteness as an efficient rule, although its purported efficiency virtues vary.
What does too remote mean in law?
What does Remoteness mean? If the damage was not reasonably foreseeable, the defendant will not be held responsible and the damage is said to be too remote. If the damage was not reasonably foreseeable, the defendant will not be held responsible and the damage is said to be too remote.
Is remoteness of damage legal 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.