What is remoteness and causation?
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 rules for remoteness of damage?
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 are the two elements of causation?
Factual (or actual) cause and proximate cause are the two elements of causation in tort law.
What are causation issues?
Causation deals with the defendant’s action, without which the result would be nonexistent. Therefore, the interpretation of causation must include and consider certain other factors such substantiality or proximity before they can be regarded as the legal cause. …
What does not too remote mean?
In law, the term ‘remoteness’ refers to the test of causation which is used to determine the type of loss caused by a breach of contract. If, at the time the contract was entered into, the parties ought reasonably to have been able to foresee that the loss would be likely to occur, then the damage is not too remote.
When can damage be said to be too remote?
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 remote law?
adj., adv. extremely far off or slight. Evidence may be so remote from the issues in a trial that it will not be allowed as “immaterial.” An act which started the events which led to an accident may be too remote to be a cause, as distinguished from the “proximate cause.”
When can damage be said to remote?
The term remoteness of damages refers to the legal test used for deciding which type of loss caused by the breach of contract may be compensated by an award of damages.
What are remote causes?
Remote Cause — in first-party property cases, a peril that takes place before the proximate cause—for example, in sequence of events type situations where one peril is followed by—but does not cause—a second peril that was unforeseeable at the time the policy was issued.
What is remoteness tort law?
In law, the term ‘remoteness’ refers to the test of causation which is used to determine the type of loss caused by a breach of contract. Damage which is too remote is not recoverable, even if there is there is clear causation between the breach of contract and the loss. …
What is remoteness of damage?
The term ‘remoteness of damages’ refers to the legal test used for deciding which type of loss caused by the breach of contract may be compensated by an award of damages.