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- Remoteness, also known as the doctrine of remoteness of damage, is a legal principle used to determine whether a defendant is liable for the harm or damage suffered by the plaintiff12. It focuses on the extent to which the harm caused by the defendant's actions or omissions was reasonably foreseeable1. 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 wrong2.Learn more:✕This summary was generated using AI based on multiple online sources. To view the original source information, use the "Learn more" links.Remoteness, also known as the doctrine of remoteness of damage, is a legal principle used in to determine whether a defendant is liable for the harm or damage suffered by the plaintiff. It focuses on the extent to which the harm caused by the defendant's actions or omissions was reasonably foreseeable.uollb.com/blog/law/what-is-remotenessIn 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.en.wikipedia.org/wiki/Remoteness_in_English_law
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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 arises on consideration of the fundamental question of legal causation, which involves an analysis of the operative cause of the harm … See more
This paper discusses the legal concept of remoteness in the tort of negligence. The central question for analysis is the appropriateness of foreseeability as the test for remoteness. … See more
The title to this paper poses a direct question: should foreseeability continue to be the applicable test for remoteness? There is at first sight a tempting argument to the contrary. If a … See more
Should a defendant be liable for all the consequences of his or her actions, no matter how unlikely or unpredictable it is that those consequences manifested themselves? Remoteness is a legal principle that serves to limit the potential liability of a tortfeasor … See more
This paper concludes that foreseeability should remain the applicable test for remoteness. A principle of good old fashioned common sense seems apposite: if it isn’t broken, don’t try to fix it. It is argued that Viscount Simmonds’ contention that … See more
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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
Remoteness | Practical Law
WEBThe 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 …
Tort: Remoteness of Damage – IPSA LOQUITUR
WEBRemoteness of damage is treated by some judges and commentators as an aspect of legal causation. Others treat it as a separate element of the tort of negligence. It is often easier and less confusing to treat it as a …
WEBRemoteness is the fourth limb of the negligence action, and represents the final opportunity for the court to circumscribe D's liability. This element asks whether the …
Remoteness in Tort Law - uollb.com
WEBJun 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 harm …
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 in …
Remoteness of damage - Oxford Reference
WEBQuick Reference. Loss or injury that has resulted from unforeseen or unusual circumstances. In the law of negligence, a person is presumed to intend the natural …
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 …
WEBIn Parsons, Lord Denning proffered a new formulation of remoteness to be applied equally in both tort and contract law. This new formulation essentially bifurcated the standards of …
Remoteness of Damage | Principles of Tort Law | Higher …
WEBRemoteness is the fourth limb of the negligence action, and represents the final opportunity for the court to circumscribe D’s liability. This element asks whether the …
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, but for …
Contract Causation & Remoteness – McMahon Legal (Solicitors)
WEBGeneral Remoteness Rule. Remoteness of damages refers to the limiting point, beyond which damages which are attributable to the breach of contract, may not be recovered. …
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 IN CONTRACT DAMAGES | The Cambridge …
WEBMar 30, 2021 · REMOTENESS IN CONTRACT DAMAGES - Volume 80 Issue 1. To save this article to your Kindle, first ensure [email protected] is added to your …
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.
WEBThe rule of remoteness of damage in Tort (foreseeability) is wider (and permits the recovery of more damages) than the rule of remoteness in Contract (where the damage …
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
WEBJun 6, 2024 · remoteness of damage. Loss or injury that has resulted from unforeseen or unusual circumstances. In the law of *negligence, a person is presumed to intend …
Notes on Tort Law- Remoteness of Damage - Lawctopus
WEBDefinition of Remoteness of Damage. In tort law, the concept of the remoteness of damage refers to the idea that a defendant is only liable for the harm caused by their actions if …
Definition of REMOTENESS • Law Dictionary • TheLaw.com
WEBLegal definition for REMOTENESS: Want of close connection between a wrong and the injury, as cause and effect, whereby the party injured cannot claim compensation from …
The basis of the remoteness rule in contract | Legal Studies ...
WEBThrough analysis of the principles and their application in the recent case-law in England, Canada and Australia, the paper shows that the identification of an implicit allocation of …
USA v. Nishera Johnson, No. 23-11971 (11th Cir. 2024) - Justia Law
WEB1 day ago · Asbestos & Mesothelioma, Medical Malpractice, Nursing Home Abuse, Personal Injury, Products Liability, Workers' Compensation. Criminal Law, Domestic Violence, …
WEB16 hours ago · 9 Rule of law as to remoteness of vesting not to apply to gifts etc The rule of law against remoteness of vesting does not apply to or in respect of any gift, bequest or …
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