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Remoteness Notes

GDL Law Notes > GDL Tort Law Notes

This is an extract of our Remoteness document, which we sell as part of our GDL Tort Law Notes collection written by the top tier of Cambridge/Bpp/College Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our GDL Tort Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Revision: Tort

REMOTENESS

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Concerned with what damage one can actually claim for - the consequences from a breach

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Sometimes the law says that the damage is 'too remote' - and because of this it is irrecoverable

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To claim for damages it must be within the range of remoteness

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Judge decides where to draw the line

Two tests of recovery

1. The Test of Directness (Old test)

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Claimant can claim for all the damage which is a direct result of the breach - if you could chain it back to the original breach then you can claim for everything: Re Polemis o

No attempt to define directness in the case: most people regarded it as extension of causation - no NAI - unfair on D leading to crushing liability

2. The Test of Reasonable Foreseeability The Wagon Mound (No 1) (1961)

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TEST OF REASONABLE FORESEEABILITY : all the damage which is reasonably foreseeable from the breach

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Fire damage was not reasonably foreseeable - because an expert had been asked and told them not to worry - oil involved was heavy oil - hard to ignite - the expert had in fact been correct

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But the pollution damage was reasonably foreseeable

The Same Kind of Harm

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Courts vary their approach - some cases taking generously broad - whereas have been more restrictive or narrow view as the kind of harm that is foreseeable

Contrast: Narrow view

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Tremain v Pike: C worked on a farm with cattle - sued his employer because he contracted weil's disease: one of the ways you get it is through rat's urine - if you work on a farm then you come into contact with rats urine - when it went to court a very narrow view was taken - not reasonable - if he 1

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