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.
What is the meaning of remoteness of damages?
What 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. If the damage was not reasonably foreseeable, the defendant will not be held responsible and the damage is said to be too remote.
What is the difference between causation and remoteness?
Causation is a matter of fact and requires the claimant to prove that the negligent act caused the damage complained of. The rules concerning remoteness of damage are a matter of law and broadly require the claimant to establish that the damage was of a kind which was reasonably foreseeable.
How is remoteness of damage measured?
Test of Remoteness
In deciding whether the claimed damages are too remote, the test is whether the damage is such that it must have been considered by the parties as a possible result of the breach. If it is, then it can not be considered too remote.
What is remoteness?
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.
What are the principles of remoteness?
Remoteness of damage relates to the requirement that the damage must be of a foreseeable type. In negligence claims, once the claimant has established that the defendant owes them a duty of care and is in breach of that duty which has caused damage, they must also demonstrate that the damage was not too remote.
What is the rule of remoteness?
If the consequences of a wrongful act could be foreseen by a reasonable man, then they are not too remote. If on the other hand, a reasonable man could not have foreseen the consequences, then they are too remote.
Why is the remoteness rule needed?
The test for remoteness is important in a negligence case because it can affect the outcome of a claim. The Court must first examine whether there is a breach of duty, and if this is the cause of the damage or loss the Claimant has suffered.
How is remoteness calculated?
Remoteness is determined according to population and distance to services.
How damages are measured?
The standard measure of damages is an amount that would allow the nonbreaching party to buy a substitute for the benefit that would have been received if the contract had been performed.
Which case is related to remoteness of damage?
Further, according to this test, if the defendant could foresee any damage, he will be liable for all the direct consequences of his wrongful act. To understand this particular test of remoteness better, it would suffice to look at the Re Polemis Case.
Is the remoteness rule fair?
This paper suggests that remoteness is an inefficient rule which entails certain costs, particularly through its impact on performance/breach decisions, but only uncertain and modest efficiency gains. It is argued that a more efficient default rule would allow full recovery of expectation damages.
What is remoteness damages for breach of contract?
Remoteness of damages refers to the limiting point, beyond which damages which are attributable to the breach of contract, may not be recovered. Damage or “knock on” loss beyond this point, is said to be too remote. The claimant must prove his loss and prove that it falls within the above criteria.
What are the two limbs of Hadley v Baxendale?
The test for remoteness was laid out in Hadley v Baxendale. Losses are not too remote if they: ordinarily or naturally flow from the breach (the first limb); or. may reasonably be supposed to have been in the contemplation of both parties at the date of contract as a probable result of the breach (the second limb).
What is the meaning of damages in law?
damages, in law, money compensation for loss or injury caused by the wrongful act of another. Recovery of damages is the objective of most civil litigation. Related Topics: punitive damages compensation provisional remedy.
Which case is related to remoteness of damage?
Further, according to this test, if the defendant could foresee any damage, he will be liable for all the direct consequences of his wrongful act. To understand this particular test of remoteness better, it would suffice to look at the Re Polemis Case.
What are the 5 types of damages?
There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.
What are the four types of damages?
Today, we’re looking into four types of damages you may be able to receive in a breach of contract case.
- Compensatory damages.
- Punitive damages.
- Nominal damages.
- Liquidated damages.
What are the 3 remedies at law?
There are three types of equitable remedies: specific performance, injunction, and restitution.
- Specific Performance. Specific performance is a judicial order to the promisor that he undertake the performance to which he obligated himself in a contract.
- Injunction.
- Restitution.
What are the two types of damage?
So what are the types of damages? There are two types of compensatory damages you may be eligible for in your lawsuit: economic and non-economic.