remoteness of damage example

Damages and Reasonable Foreseeability. We are looking for consequences that could be in the reasonable contemplation of the defendant. Alderson, B., … The test for remoteness in contract law comes from Hadley v Baxendale. The rule is that damages can be claimed in respect of anything that would be considered to arise naturally from the breach or be reasonably contemplated by both parties at the time the contract was agreed. Say for example, a solicitor’s wrongdoing causes you to lose a completely unconnected unusual but lucrative business opportunity. 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. For example "to damage something" is an action and therefore a verb. The leading case provides for two rules (or two branches of a single rule). Arising … 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. We said then that remoteness of damage came into those situations. indifference, fairness, neutrality, objectivity, impartiality, coolness, remoteness, nonchalance 1.1 In 1961 when that case was decided the law on remoteness of damage in negligence was far from satisfactory. POLICY AND REMOTENESS J. G. Merrills* I. The Rule in Hadley v Baxendale (1854) is still the leading case on remoteness of damage. Eggshell skull rule 5. Since one of the principal aims of the law of contract is certainty, the rules are well settled. due to novus actus interveniens) 3. 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 … 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. The same concepts apply in tort law and for breach of contract. MOST IMPORTANT CASE IN REMOTENESS OF LOSSES 1. 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. TYPE of injury must be foreseeable, EXTENT irrelevant 4. 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 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. Doesn't mean defender is liable for ALL damage which was reasonably foreseeable (for e.g. We come onto that case law below. The general principle here is that the damage cannot be too remote from the actual breach of duty. 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. Held: The court held that the defendants had exposed the claimant to severe cold and fatigue likely to cause a common cold, pneumonia, or chilblains.It was held, … ... recoverable as damages. Causation and remoteness are the essential links between the breach of the obligation imposed by law and the damage. Must be reasonably foreseeable 2. What are synonyms for detachment? 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 … Remoteness of damage is a matter of fact, and the only guidance, the law can give to lay down general principles. Despite this, the remoteness of damage is still helpful in creating a coherent principle and probably more so than the proximity of … Firstly, some context. A classic example of this is Bradford V Robinson
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