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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
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 a damages award.
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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 REMOTENESS DOCTRINE: A RATIONAL LIMIT ON TORT LAW. Victor E. Schwartzt. An individual or corporation should be subject to liability when it is negligent …
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 …
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 …
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 …
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 …
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 …
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 …
Remoteness | Torts and Rights | Oxford Academic
WEBSometimes labelled ‘proximate cause’ or ‘legal cause’, remoteness concerns the scope of responsibility for wrongdoing. The dominant approach is to apply a test of reasonable …
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 …
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 …
9. Causation and remoteness of damage | Law Trove
WEBTests for cause in law encompass a remoteness test (which involves establishing whether the damage that occurred was foreseeable to the defendant at the time of the …
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.
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 …
Remoteness of damage - Oxford Reference
WEB2 days ago · 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 …
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 …
WEBREMOTENESS IN CONTRACT DAMAGES - Volume 80 Issue 1. To save this article to your Kindle, first ensure [email protected] is added to your Approved Personal …
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 …
The Wagon Mound (1961) | Negligence - Damage - Remoteness
WEBOct 5, 2020 · Case: The Wagon Mound (1961) This case established that, within the principles of remoteness of damage, damage will only be compensable where that …
WEB10 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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