Doesn't mean defender is liable for ALL damage which was reasonably foreseeable (for e.g. Since one of the principal aims of the law of contract is certainty, the rules are well settled. The same concepts apply in tort law and for breach of contract. 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 … For example "to damage something" is an action and therefore a verb. Alderson, B., … Eggshell skull rule 5. Arising … 1.1 In 1961 when that case was decided the law on remoteness of damage in negligence was far from satisfactory. due to novus actus interveniens) 3. indifference, fairness, neutrality, objectivity, impartiality, coolness, remoteness, nonchalance 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. 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. Must be reasonably foreseeable 2. 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, … 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. The leading case provides for two rules (or two branches of a single rule). MOST IMPORTANT CASE IN REMOTENESS OF LOSSES 1. POLICY AND REMOTENESS J. G. Merrills* I. 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 … Say for example, a solicitor’s wrongdoing causes you to lose a completely unconnected unusual but lucrative business opportunity. Remoteness of damage is a matter of fact, and the only guidance, the law can give to lay down general principles. Firstly, some context. We said then that remoteness of damage came into those situations. Despite this, the remoteness of damage is still helpful in creating a coherent principle and probably more so than the proximity of … A classic example of this is Bradford V Robinson
Rentals (1967). 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. What are synonyms for detachment? We are looking for consequences that could be in the reasonable contemplation of the defendant. The test for remoteness in contract law comes from Hadley v Baxendale. TYPE of injury must be foreseeable, EXTENT irrelevant 4. We come onto that case law below. Damages and Reasonable Foreseeability. 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. 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. Causation and remoteness are the essential links between the breach of the obligation imposed by law and the damage. 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. ... recoverable as damages. 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 The Rule in Hadley v Baxendale (1854) is still the leading case on remoteness of damage. 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