What does remoteness mean in law?

of causation
Related Content. 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.

What is remoteness of damage in law?

Remoteness of damage relates to the requirement that the damage must be of a foreseeable type. 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 are the tests for remoteness in contract?

In contract, the test for remoteness was described in the case of Hadley v Baxendale [1854] and falls into two parts – firstly, the knowledge of what happens ‘in the ordinary course of things’; and secondly, actual knowledge of special or unusual circumstances outside the ‘ordinary course of things’.

What is the current remoteness test?

The current test for remoteness of damage is whether the kind of damage you have suffered was reasonably foreseeable by the Defendant, at the time of the breach. 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.

What is remoteness?

a. Located far away; distant in space. b. Hidden away; secluded: a remote hamlet. 2.

What is another word for remoteness?

In this page you can discover 16 synonyms, antonyms, idiomatic expressions, and related words for remoteness, like: distance, farness, detachment, big, aloofness, near, attitude, concern, include, standoffishness and withdrawnness.

What is remote loss?

Remote Loss means Loss which does not arise naturally from the relevant breach of this agreement, even if that Loss may reasonably be regarded as having been in the contemplation of the parties as a probable result of the breach and, in particular, includes loss of profits, loss of business opportunity, loss of revenue …

What is remote damage?

Remoteness of damage is an interesting principle. The damage may be proximate or might be remote, or too remote. Meaning. In law, the damage must be direct and the natural result of the consequence of the act of the defendant. Otherwise, the plaintiff will not succeed.

What’s another word for remoteness?

What is remoteness of damage in negligence?

The rules concerning remoteness of damage are a matter of law and broadly require the claimant to establish that the damage was of a kind which was reasonably foreseeable. It is concerned with setting a limit on the extent of the harm for which the defendant should be held liable.

What is the difference between a proximate and a remote cause?

The proximate cause of an injury is the act or omission of an act without which the harm would not have occurred. A remote cause is one that is removed or separate from the proximate cause of an injury.

Remoteness 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.

What is remote?

REMOTE. At a distance; afar off, not immediate. A remote cause is not in general sufficient to charge a man with the commission of a crime, nor with being the author of a tort. 2. When a man suffers an injury in consequence of the violation of a contract, he is in general entitled to damages for the violation of such contract,…

What is crimes a remote cause?

A remote cause is not in general sufficient to charge a man with the commission of a crime, nor with being the author of a tort. 2. When a man suffers an injury in consequence of the violation of a contract, he is in general entitled to damages for the violation of such contract, but not for remote consequences, unconnected with the contract,…

What is the test for remoteness of damage?

Tort: In relation to some types of torts (in particular negligence and nuisance) the test for remoteness of damage is whether the kind of damage suffered was reasonably foreseeable by the defendant at the time of the breach of duty ( Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No 1) [1961] AC 388 ).