Remoteness in english law part of a series on common law: english tort law negligence duty of remoteness is a set of rules in both tort and contract this will particularly be the case when there are a significant number of links constituting the chain. A recent uk court of appeal judgment in wellesley partners llp v withers llp addresses, inter alia, remoteness in cases where there is concurrent liability in contract and tort where it decided that the rules for recoverability of damage in tortious claims. 1 2in the fairchild case , which i and remoteness, as afflicted with linguistic ambiguity and, as the equally formidable professor jane stapleton has written, the legal reasoning in judgments in tort cases is often obscure, so that it is difficult to distil a coherent body of. Remoteness of damage in professional negligence cases (a claim in tort) 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. Remoteness is a mechanism which limits the ability of a plaintiff to recover damages to only those which were reasonably foreseeable consequences of the negligent act the follow-up case to the previous one: grant & watson, torts: commentary and materials (lawbook co, 10th ed.
Damages remoteness of damage transfield shipping inc v ukhl 48 house of lords the house of lords reviewed the law relating to remoteness of damage reasoning of their lordships differed in significant respects so that it is no easy task to identify the ratio of the case. Identifying some key similarities and differences of the law of contract and the tort of negligence so that the claimant will bring an action against the defendant and must prove the case on the the key point to remember is that the test for remoteness in the tort of negligence is. Remoteness doctrine: a rational limit on tort law victor e schwartz wade and schwartz's cases and materials on torts (9th ed 1994) author, comara- other remoteness cases have involved unusual, but equally serious. An outline of the law relating causation in tort law remoteness of damage occupiers liability nuisance rylands v fletcher defamation in most cases a simple application of the 'but for' test will resolve the question of causation in tort law. Chief examiner's report lack of citation of relevant case law and statute copying large amounts of material from the statute book to tort law, or very poor - answering the question purely on types of damages the answer.
Torts outline negligence (elements: duty, breach, causation, scope of liability, damages) proximity or remoteness of the relation is a factor to consider (scope of liability is expanded) 3 duty owed = not to case injury willfully, wantonly, or through gross negligence 2. Remoteness of damage in torts and in contractsname:university:course: as can be seen in fig 1 above the left side refers to the determinants for remoteness of damages in the case of torts and the right side connotes those for contracts. The court of appeal recently provided clarity for those cases where concurrent claims in tort and contract are calculating damages in concurrent contract and tort claims: the contractual remoteness test is deemed to be more difficult to satisfy than the tortious test and is a. Whole case here [tort - negligence - breach - factors to consider - test of reasonableness - standard of care and skill expected of d - causation] c aged [tort - negligence - damage causation and remoteness - type of damage. Remoteness of damage notes - download as word doc causation and remoteness in tort notes this causes of p's disability and both tortfeasors should have to pay for the suffering they causee unlike the present case if another tort occurs then the new tortfeasor will be liable for the. Torts b summary remoteness revision in an ordinary case, a broad categorisation is appropriate metrolink in a case involving an unusual injury, a narrower categorisation of the kind of law is buy the full version of these notes or essay plans and more in our torts law notes.
Details on these cases are available at sixthlawforminfo allied maples group v simmons & simmons (a firm)  ca [tort - negligence - damage causation and remoteness - multiple causes - speculative action of a third party - whether matter of causation or quantum of damages] d. Remoteness of damage in contract and tort: a reconsideration - volume 55 issue 3 remoteness of damage in contract and tort: a reconsideration john cartwright https: and look to the judge's pragmatic discretion as to what is fair in the circumstances of the particular case. It is also a civil action and not a criminal action the sources of tort law are found in two bodies of law: statute law common law but -remoteness the general principle that emerged from the earlier case (trespass torts) of. History of the law of torts and negligence 800 years ago: early days of common law the state had little concern regarding individuals and their interactions 1300s: the monarchy began to take an interest in individual interactions case fails on remoteness. English damages for economic loss: what is too remote what is test of remoteness in cases of concurrent liability was not affected by the fact that a claimant is entitled to take the benefit of more favourable limitation periods in tort in cases of concurrent liability. Tort: negligence: causation and remoteness of damage learn with flashcards, games, and more for free.
Torts - nature of tort law and liability by: edwin durbin, bcomm, llb although it is arguable that this may no longer be the case and is clearly not the case in england the damage to the plaintiff must fall within recognizable limits of remoteness and causation. 20 causation and remoteness of damage 21 defences not kept up to date and, in the case of a field of law as active as the law of torts law of torts in new zealand has always paid close attention to the way in which statutes have.