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Withdrawnness of damage relates to the demand that the equipment casualty must be of a foreseeable eccentric. In negligence claims, once the claimant has established that the defendant owes them a obligation of care and is in falling out of that obligation which has caused damage, they essential also demonstrate that the damage was not too far.
Table of contents
- Essay on remoteness in 2021
- But for test contract law
- Cases for remoteness of damage
- Direct consequence test
- Critically examine the law relating to causation and remoteness of damage in negligence
- Damage is not too remote meaning
- Fletcher v tayleur
- Doctrine of remoteness
Essay on remoteness in 2021
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But for test contract law
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Cases for remoteness of damage
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Direct consequence test
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Critically examine the law relating to causation and remoteness of damage in negligence
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Damage is not too remote meaning
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Fletcher v tayleur
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Doctrine of remoteness
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What is the principle of remoteness of damage?
We said then that remoteness of damage came into those situations. The general principle here is that the damage cannot be too remote from the actual breach of duty. We are looking for consequences that could be in the reasonable contemplation of the defendant.
What is the legal concept of remoteness and foreseeability?
Remoteness and foreseeability 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 in practice (Elliot and Quinn, (2007), p104 et seq).
What was the remoteness of the damage caused by an explosion?
One of the claimant’s employees placed the chemical with water, and a massive explosion occurred Held. Property damage foreseeable as a result of explosions, and the amount was irrelevant. The damage was extensive in this case The claimant’s property was damaged by the defendant’s negligence.
Why does Viscount Simmonds use the concept of remoteness?
Viscount Simmonds then, in evoking the concepts of current justice and morality, is essentially adding practicality to the list and it is submitted that this is entirely justified. The law must be seen to operate efficiently and pragmatically within the imperfect and complex world in which we live.
Last Update: Oct 2021