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Remoteness

What is Remoteness in Tort Law?

Quick Definition

Remoteness in tort law refers to the principle that limits a defendant's liability to consequences of their actions that are reasonably foreseeable. It ensures that only those damages closely connected to the breach are compensable.

In Context

The concept of remoteness is vital in determining the extent of damages a defendant must pay. A landmark case is The Wagon Mound (No. 1) (1961), where the court held that the damage must be a foreseeable consequence of the breach. In this case, the defendant was not liable for fire damage caused by oil spilled in a harbour, as the fire was not a foreseeable result. In exams, students often explore how foreseeability affects the scope of liability and the application of the remoteness test.

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Check out our Tort Law Notes for deeper case law, examples, and revision tips.

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