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