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- Legal test of causationThe 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.
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Remoteness | Practical Law
WEBRemoteness. 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 …
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In English law, remoteness between a cause of action and the loss or damage sustained as a result is addressed through a set of rules in both tort and contract, which limit the amount of compensatory damages available for a wrong.
In negligence, the test of causation not only requires that the defendant was the cause in fact, but also requires that the loss or damage sustained by the claimant was not too remote. As with the …Wikipedia · Text under CC-BY-SA license- Estimated Reading Time: 9 mins
WEBThe effects of any wrongful act, however, can reach beyond the person who is directly hurt and adversely affect persons far removed from the event. At some point, imposition of …
WEBSummary. Remoteness is the fourth limb of the negligence action, and represents the final opportunity for the court to circumscribe D's liability. This element asks …
Remoteness Definition | Legal Glossary | LexisNexis
WEBWhat 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. View the related practice notes about Remoteness
WEBAndrew Robertson. Article. Metrics. Get access. Cite. Rights & Permissions. Abstract. There is increasing support in the contract literature for the view that the remoteness rule is …
WEBOct 11, 2023 · This paper traces the history of remoteness in contract law, namely the legal formants (in Rodolfo Sacco’s terms) constraining the availability of contract damages …
WEBThe tort law causation module contains two chapters: causation, and intervening ants and remoteness.
WEBThe law which determines which losses are remote and which are recoverable is called a remoteness law. The best-known remoteness law originates from Hadley v …
Remoteness in Tort Law - uollb.com
WEBJune 17, 2023. Remoteness, also known as the doctrine of remoteness of damage, is a legal principle used in Tort Law to determine whether a defendant is liable for the …
Remoteness of damage - Oxford Reference
WEBOverview. remoteness of damage. Quick Reference. Loss or injury that has resulted from unforeseen or unusual circumstances. In the law of negligence, a person is …
Tort: Remoteness of Damage – IPSA LOQUITUR
WEBThe Basic Rule. Establishing Remoteness. The fourth element of the tort of negligence is proving that the loss is not too remote. A loss is too remote unless its ‘type’ is …
Remoteness | Torts and Rights | Oxford Academic
WEB152–172. Published: September 2007. Annotate. Cite. Permissions. Share. Abstract. Sometimes labelled ‘proximate cause’ or ‘legal cause’, remoteness concerns the scope …
Remoteness | Practical Law - Thomson Reuters
WEBRemoteness. 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 …
Remoteness of Damage | Principles of Tort Law | Higher …
WEBSummary. Remoteness is the fourth limb of the negligence action, and represents the final opportunity for the court to circumscribe D’s liability. This element asks …
Remoteness | Practical Law - Westlaw
WEBRemoteness. 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 …
Legal Concept of Remoteness the Tort Negligence
WEBAug 12, 2019 · Remoteness is a legal principle that serves to limit the potential liability of a tortfeasor in practice (Elliot and Quinn, (2007), p104 et seq). The issue of …
REMOTENESS Definition & Meaning - Black's Law Dictionary
WEBREMOTENESS Definition & Legal Meaning. Definition & Citations: Want of close connection between a wrong and the injury, as cause and effect, whereby the party injured cannot claim compensation from the wrongdoer. Wharton. Find the legal definition of REMOTENESS from Black's Law Dictionary, 2nd Edition.
Remoteness of damage - e-lawresources.co.uk
WEBOverview of the law relating to remoteness of damage in tortious liability. Considers the Wagon Mound test and its application and the egg shell skull rule. e-lawresources
WEBRemoteness of damage Online content (part of chapter only) MISCELLANEOUS Continued relevance of the Re Polemis test §9.A The ‘direct consequences’ test of Re Polemis is …
Risk and Remoteness of Damage in Negligence - Stauch - 2001
WEBFeb 17, 2003 · The remoteness enquiry in negligence, which serves to exclude the liability of defendants for harmful consequences that their careless conduct caused, …
Remoteness of Damage: Definition and Test Of Reasonable …
WEBRemoteness of Damage. The principle of Remoteness of Damages is relevant to such cases. An event constituting a wrong can constitute of single consequence or may …
Remoteness of damage - Oxford Reference
WEB2 days ago · Loss or injury that has resulted from unforeseen or unusual circumstances. In the law of *negligence, a person is presumed to intend the natural …
8. Causation and remoteness of damage | Law Trove
WEBA remoteness problem can arise in two different situations: where the claimant is a foreseeable claimant and the damage has in fact been caused by the defendant’s act, …
Remoteness of Damages and Judicial Discretion | The …
WEBThe law about remoteness of damage in contract and tort is in a strangely unsettled state. Pursuing justice in individual cases, the courts have felt driven into vacillations on points …
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