For example, there may be a duty to take care to protect against burglary and theft, notwithstanding that the burglary and theft are intentional acts of a third-party. The test of remoteness is based on reasonable foreseeability. In circumstances where it could not be proved, on the balance of probabilities that the outcome would be worse or better, the House of Lords confirmed the requirement for proof of legal causation in law. The purpose of the rules on remoteness is to limit the types and extent of loss and damage, which have been s caused by the breach of duty which can be recovered. Where there is an indivisible injury, the wrongdoer, who is the proximate cause, may be held liable in full for it. The modern approach places responsibility on the defendant for the direct consequences of his acts and (in some cases) omissions. Where two parties have caused loss, the courts endeavour to make an apportionment., without denying the claimant relief on the basis that he cannot establish precisely who caused the injury. Each has a causative effect. general type of damage (burning) foreseeable, but type of damage was defined more specifically, i.e. The courts have been willing to hold each employer who is in breach of duty, liable in whole or in part,  even if the claimant could not show that a particular employer, on the balance of probabilities was responsible. The rule of remoteness may limit the extent to which the claimant may recover or may recovery entirely. Causation is determined by a strong logic (a factual matter) and rules of interpretation (a legal matter). In addition to the requirement for factual causation, the courts apply a  material cause test. There are two tests for remoteness: the direct consequence test and the reasonable foreseeability test. View Legal causation from RDL 3003H at University of Cape Town. The same principles apply to damage to property and economic loss. See the sections on the Civil Liability Act, which provides for a reduction in damages where the claimant or defendants are partly at fault in and have thereby contributed to the loss or damage. General Issues. Evidence may be called to support or contravene the inference. There may be an overlap between causation and remoteness. Remoteness refers to the legal test of causation which is used when determining types of loss caused by a breach of contract or duty which can be compensated by the award of damages.There is a difference between legal causation and factual causation because of that question arises whether damages resulted from breach of contract or duty. The claimant may be contributorily negligent. 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. In some cases, the sole cause loss or damage may be the defendant’s own negligence. Fagan Negligence (p.537-544) Remoteness Before a person can be held liable for harm caused by his negligent conduct, two The defendant’s negligence may be a material cause of the accident. This issue has arisen in the number of cases involving personal injuries, where there were difficulties in proving that exposure to a particular harmful substance or circumstance while working for one of a number of employers in the same industry, caused the injuries in question. McMahon Legal,  Legal Guide Limited and Paul McMahon have no liability arising from reliance on anything contained in this article nor on this website. 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