Take the claimant as you find him. Transportation Law The Doctrine of the remoteness of damages is based on the maxim-, This Maxine can be cleared with the case of, The plaintiff instituted a suit for the doctrine of the remoteness of damages against the defendant. There has to be a limit. They did distinguish Hughes and the Wagon Mound, Harman LJ ‘in my opinion, the damage here was of an entirely different kind from the foreseeable splash’. There are also other causes of this type which supports the doctrine of a test of reasonable foreseeability. He was also very angry about his accident. NARROW APPROACH. When they went for a cuppa, they put red warning paraffin lights around it. The second breakdown should have been in their reasonable contemplation, as they knew of the first and had not taken steps to reduce his workload. There are also other causes of this type which supports the doctrine of a test of reasonable foreseeability. In the law of negligence, a person is presumed to intend the natural consequences of his acts. He had a pre-cancerous condition which then turned cancerous. The principle of remoteness aims to prevent claims for losses that are too remote from the breach (Murray, 2014). The case of Penman et al. The case of Re Pelamis- with regard to this test the case of “Re Pelamis” is an important case. Lord Hoffman ‘it would make nonsense of the existence of such a duty if the law were to hold that the occurrence of the very act which ought to have been prevented, negatived causal connection between the breach and the death’. General Remoteness Rule. It ignited and burnt down the claimant’s wharf. COA. Another case of Municipal board Kheri V/s. 55, No. In this case, the doctrine of a test of direct consequences propounded in the case of Re Pelamis was rejected. 90 incentive to communicate their subjective expectation regardless of what low-value promisees do. We are looking for consequences that could be in the reasonable contemplation of the defendant. The foreseeability of damage, like the proximity test, must be applied to different circumstances and as a result it is unable to be a rigid test that strictly ensures a coherent line of principle. The claimant had an accident at work, caused by the defendant employer’s negligence. Looking for a flexible role? Polemis declared as no longer good law. eval(ez_write_tag([[300,250],'indianjudiciarynotes_com-box-4','ezslot_9',134,'0','0'])); While shifting Sankalp NGO at a port the Stevedores employed by the charterers negligently knock the plank out of a temporary staging erected in the hold, so that the plank sale into the hold and in its fall by striking something caused a spark which ignited the petrol vapour And The vessel was completely destroyed. In the case of Re Pelamis V/s. The claimant had to drive his fan from Bradford to Exeter (500 miles) in January. Type of injury foreseeable from this was burning from splashing, and therefore the Defendant is liable, following Hughes, The claimant was employed by the Local Authority as a social worker from 1970 to 1987. The defendant had been drinking and caused an accident, injuring the claimant’s head. *You can also browse our support articles here >, Ship’s charter, and charterers had filled cargo hold with petrol, During the voyage the cans leaked vapour, and when the shi reached the harbour it was unloaded, Planks were positioned to walk over the opening of the hold, and one of the dock workers (stevedores) negligently knocked it down into the hold. The suit was based on inconvenience to the plaintiff and his family members and illness of the wife of the plaintiff. REMOTENESS (CAUSATION OF LAW) As well as proving that the defendant’s breach of duty factually caused the damage suffered by the claimant, the claimant must prove that the damage was not too remote from the defendant’s breach. Causation & remoteness of damages and Fscope of liability. It is a well-established rule of law that no person can be held responsible for the doctrine of the remoteness of damages caused by his negligence or carelessness because there is no limit of results of any action. Held. Damage – Causation in law
By Kenisha Browning
2. Cartwright (n 17) 493. ‘this is my view is entirely different in kind from the effect of a rat bite or food poisoning from consuming food infected by the rats’. Therefore, defendant liable for all the natural and direct consequences of the breach, provided only some damage is foreseeable. He was sent to prison for life, and sued the defendant in negligence, stating that he would not have done these things if it hadn’t been for the head injuries, Held. Remoteness is a legal principle that serves to limit the potential liability of a tortfeasor in practice (Elliot and Quinn, (2007), p104 et seq). Thus the doctrine of a test of direct consequences travelling up to the year 1960 was rejected in the year 1961 in the case of Wagon Mound which is being followed up to now.eval(ez_write_tag([[300,250],'indianjudiciarynotes_com-large-leaderboard-2','ezslot_10',136,'0','0'])); The Privy Council decided that in this case, the appellant cannot imagine that the spirit oil well catch fire so they are not responsible for it, though the damage was direct of the negligence of the servants of the appellant. Allahabad High Court did not consider the plaintiff eligible for compensation, because the flour mill was run by Tej Singh, not by board, and as such damage to the house was not a direct consequence of the license given by the municipal board.eval(ez_write_tag([[300,250],'indianjudiciarynotes_com-medrectangle-4','ezslot_1',133,'0','0'])); There are two important maxims in this relation-. The general principle of law requires that once damage is caused by a wrongful act, liabilities have to be assigned. Course. The case of Wagon Mound or Overseas TankShip (U.K.) LTD. V/s. Since they were unable to obtain accommodation for the night at ‘E’ or a conveyance they walked home, a distance of 4 miles and the night being wet the wife got cold and medical expenses were incurred. You can view samples of our professional work here. The illness was to the remote consequence of the action of the defendant because it is not necessary that a person may fall ill due to walking. 107 Q.V 111). 30th Jun 2019 tort causation and remoteness of damage the test the hypothetical test is traditionally used to begin the process of establishing factual causation it involves He got frostbite. There was a respondent wharf on the distance of 600 feet away from the Sydney port and the ship was under repair there. Zugang kaufen; Hilfe; Info; Kontaktieren Sie uns; Cookies; Enzyklopädien | Textausgaben It was held that the plaintiff could recover compensation for physical damages to the machine, but not for the loss of profit due to the non-operation of the machine. The claimant was a passenger in a defendant’s car. In February 1988 he was dismissed by the Authority, and the claimant brought action for breach of duty to take steps to avoid a health-endangering workload. In this case, the defendants Chartered The plaintiff’s vessel to carry a cargo which included A quantity of petrol. A sane prisoner committed suicide in custody, and again the police knew of his tendencies. Many feel that this decision was too harsh, and that being splashed by cyanide would burn you. Demetrios Hadjhambis, “Remoteness of Damage in Contract” (1978) The Modern Law Review 41 4 483. The general principle here is that the damage cannot be too remote from the actual breach of duty. COA. Held. The illness was to the remote consequence of the action of the defendant because it is not necessary that a person may fall ill due to walking. NOTES Remoteness of Damage in Tort: Penman v. Saint John Toyota Ltd. The leading case provides for two rules (or two branches of … Court wouldn’t allow this as this would be indeterminate liability, and not within the reasonable contemplation of the defendants, The claimant suffered from ME. In the Law of Torts, ‘Remoteness of Damage’ is an interesting topic. Take a look at some weird laws from around the world! Defendant liable for all his damage. Held. The claimant injured his head at work due to the Defendant’s negligence. Remoteness of damages refers to the limiting point, beyond which damages which are attributable to the breach of contract, may not be recovered. This is called the doctrine of the remoteness of damages.eval(ez_write_tag([[468,60],'indianjudiciarynotes_com-box-3','ezslot_8',131,'0','0'])); The Doctrine of the remoteness of damages is based on the maxim- “Injure non-remote causa sed Proxima spectator” Or in law, the immediate, not the remote, cause of an event is to be considered.eval(ez_write_tag([[250,250],'indianjudiciarynotes_com-medrectangle-3','ezslot_2',132,'0','0']));eval(ez_write_tag([[250,250],'indianjudiciarynotes_com-medrectangle-3','ezslot_3',132,'0','1'])); This Maxine can be cleared with the case of Hobbs Very V/s. The claimant’s property was damaged by the defendant’s negligence. One of the claimant’s employees placed the chemical with water, and a massive explosion occurred, Held. The court said that the inconvenience felt by the plaintiff and his family members was a direct result of the action of the defendant, but not an illness. On account of financial difficulties, the plaintiff could not replace the Dredger and they had to take another one on very high rent. We shall see that this distinction has occasionally been used in the context of remoteness of damage,2 although it is has not gained acceptance as a test in its own right.3 Tutor in Law, Christ Church, Oxford. Claimants were suing for a man who had committed suicide in prison. Following the principles laid down in Polemis, the defendants were liable, PRIVY COUNCIL. The claimant could not afford to carry out the repairs until he received judgement against the defendant, and by the time he did the cost of repairs had gone up by 300%. The defendants, while taking on bunkering oil at the Caltex wharf in Sydney Harbour, carelessly spilled a large quantity of oil into the bay, some of which spread to the plaintiffs’ wharf some 600 feet away, where the plaintiffs were refitting a ship. Held. One relevant area within remoteness is the eggshell skull principle. The police and prison staff have a duty to prevent suicide, particularly when they are aware of these tendencies. In Aloknath V/s. It seems that if the type of damage would be foreseeable, then liability will be imposed, whether or not the chain of events leading to it were foreseen or not. This should have been in the defendant’s reasonable contemplation, A cauldron of sodium cyanide at 800 degrees had an asbestos cover over it, The cover was negligently knocked into the cauldron, reacting with the liquid and exploding, The claimant, who was standing nearby was injured, Held. The suit was based on inconvenience to the plaintiff and his family members and illness of the wife of the plaintiff. Damage or “knock on” loss beyond this point, is said to be too remote. (PDF) CAUSATION AND REMOTENESS OF DAMAGES | Afiq Azman ... ... huhu Polemis & Furness, Withy & Co. (1921) Old Approach – Not Good Law Any person can be held responsible for his action only when that action is the actual cause (causa causes) of damages. This chapter discusses the concepts of causation and remoteness of damage. His heater didn’t work, and his window was stuck open. 1 in contract law, the concept that protects the contract-breaker from having to pay for all the consequences of his breach. An event constituting a wrong can constitute of single consequence or may constitute of consequences i.e. 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. Prison staff had not been told of his suicidal behaviour. 14]- Railway is very important and it supports the doctrine of a test of direct consequences. The doctor could not have tested for a reaction to tetanus, and the Defendants only wanted to be liable for the damage to the claimant’s shin. Contract : In contract, the traditional test of remoteness is set out in Hadley v Baxendale ( [1854] 9 Ex 341 ). The disease was not foreseeable. 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 … Held. The court said that the inconvenience felt by the plaintiff and his family members was a direct result of the action of the defendant, but not an illness. We said then that remoteness of damage came into those situations. Post Office employees were working down a manhole with a little tent around it. Thus the doctrine of a test of direct consequences travelling up to the year 1960 was rejected in the year 1961 in the case of Wagon Mound which is being followed up to now. The plaintiff instituted a suit for the doctrine of the remoteness of damages against the defendant. The test for remoteness in contract law comes from Hadley v Baxendale. Legal causation is different from factual causation which raises the question whether the damage resulted from the breach of contract or duty. Another case of, Any person can be held responsible for his action only when that action is the actual cause (. If you follow Hughes then this decision should be in favour of the claimant but the witness evidence was very much in favour of the Defendants. The doctrine of the remoteness of damages is one such principle. The court held the workers of the defendant Railway company responsible for damages. £60k compensation, taking into account free board and lodgings in prison, The women he attacked then sued him and got compensation. Were the consequences of the damage within the reasonable contemplation of the claimants. HOL. First Instance. The case of Smith V/s. Guru Prasad- the test of foreseeability was considered and adopted. Buy Access; Help; About; Contact Us; Cookies; Encyclopedias | Text editions remoteness of damage — Loss or injury that has resulted from unforeseen or unusual circumstances. Some years later he hanged himself as he was suffering from acute anxiety and depression caused by the original injury. The court accepted the argument of inconvenience but denied the argument of illness. OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND, Hobbs Very V/s. The court accepted the suit and said that the damage caused to the appellant was the direct result of the negligence of the servants of the defendant. Defendant liable for full cost, as this would have been in his contemplation. It was held that the plaintiff could get only the market price of Dredger, which it could fetch on the date when it was sung by the defendant and the cost of transporting a new Dredger, and also the loss due to suspension of work in the meantime, together with interest on that sum; but extra damage due to the inability of the plaintiff to purchase a new Dredger was too the remote. The claimant slipped on a ladder, cutting his shin, due to the defendant’s negligence. But if it damage that could not be anticipated that the defendant will not be responsible for that. (United kingdom) LTD. Whittal (W.J.) Meaning by it that a person can Institute a suit for the damages against another person under the law of torts only when the connection between the wrongful acts and injury is direct. The damage may be proximate or might be remote, or too remote. Held. This case is called the first case which propounded the doctrine of the test of direct consequences. HELD. In the midst of monsoon, the defendant dug a tank and put Earth on sides. While putting the stones in pit ‘C’ never think that somebody can be pushed in it. 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. Meaning by it that a person can Institute a suit for the damages against another person under the law of torts only when the connection between the wrongful acts and injury is direct. In English law, remoteness is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong. Further, it cannot be presumed that a person will fall ill due to walking. Disclaimer: This work has been submitted by a law student. Frostbite is a common and foreseeable injury from prolonged exposure to extreme cold. BROAD APPROACH to some ‘kind of damage’, The defendants spilled furnace oil from their ship into Sydney harbour, The oil had a flashpoint of 170 degrees, and they believed it wouldn’t burn on water, The claimants enquired as to whether it was safe to continue welding on the wharf 200 yards away, and were given the answer yes, Two days later some molten metal spilled onto a cotton rag soaked in oil, floating in the sea. In S.C.M. Immediately on passing the bus comedy children started to cross the road at the moment a child was injured by the lorry. As with the policy issues in establishing that there was a duty of care and that that … In this case, the workers of the defendant company left the grass on The Railway line after cutting it and it resulted that the grass caught fire and spread up to the Cottage of the appeal and which was at a distance of 200 yards. No person can be held responsible for such an action if that had not been done coma the accident had not occurred (Causa sine qua non). The general principle here is that the damage cannot be too remote from the actual breach of duty. Issue was that no damage was really foreseeable from the lid falling, and the splash. It considers causation in fact, causation in law, and remoteness of damage. Some of the petrol cases lived on the voyage and there was petrol vapour in the hold. University of Sydney. Not liable, as reasonable man could not possibly have foreseen the wharf would be damaged in this way, as a result of the defendant’s act. HOL. (this case also nervous shock case). In this case, the plaintiff along with his wife and children book tickets to go to ‘H’ buy the last train at night. series of acts/wrongs. Payne J. Compilation of Important Landmark cases on "Remoteness of Damages" Therefore, if he has some kind of weakness, you have to accept this. Despite this, the remoteness of damage is still helpful in creating a coherent principle and probably more so than the proximity of relationship test. He had previously been a petty criminal. We said then that remoteness of damage came into those situations. Also Read: Doctrine of Marshalling and Contribution. To export a reference to this article please select a referencing stye below: If you are the original writer of this essay and no longer wish to have your work published on LawTeacher.net then please: Our academic writing and marking services can help you! L and S.W. He hadn’t had problems with ME for years but it came back with a vengeance after the accident. 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 … In an Indian case of Veeran V/s. Test of reasonable foresighteval(ez_write_tag([[250,250],'indianjudiciarynotes_com-banner-1','ezslot_6',135,'0','0'])); The second test of the doctrine of remoteness is reasonable foresight. Since one of the principal aims of the law of contract is certainty, the rules are well settled. 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 … Due to the negligence of the servants of the appellant, a large quantity of oil was spread over Water. This is called the doctrine of the remoteness of damages. On account of this molten material solidified in the plaintiff’s machine and partly damaged the machine. The court while making the defendant responsible said that by this action the damage could be well foreseen. Railway Company  (1875 L.R. ‘A’ pushes ‘B’ to a pit in which ‘C’ put some time stones. Edison (1933 A.C. 499), Lisbosch Dredger was sunk due to the negligence act of Edison. Heron (n 2) ibid. The Doctrine of the remoteness of damages is based on the maxim- “Injure non-remote causa sed Proxima spectator” Or in law, the immediate, not the remote, cause of an event is to be considered. The court did not accept the argument of the test of reasonable foresight. Therefore, the damage was too remote. The plank falling caused a spark, which ignited the vapour, and the cans, and burnt ouf the ship, causing £200k damage. All the issues such as the flashpoint, were taken into account. When he returned to work, nothing had changed, just as much work, a backlog of cases to clear. John Cartwright, “Remoteness of Damage in Contract and Tort: A Reconsideration” The Cambridge Law Journal, Vol. original injury was still operating, and anxiety/depression are a common cause of damage to the head. Mort’s Dock and Engineering Co. LTD. (1961 A.C. 388) is an important case that supports the doctrine of reasonable foresight. His main job was to look after cattle. Remoteness of damage 1. A person is liable for the Doctrine of the remoteness of damages in the law only when his wrongful conduct is directly related to the effect of his action. London and South Western rail company [(1870) L.R.6 C.P. 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 branch. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. economic interests, the threshold for recovery of damages for physical injuries would be lower. Held. … The appellant filed a suit against the defendant for the doctrine of the remoteness of damages. You should not treat any information in this essay as being authoritative. The tetanus jab is foreseeable with most injuries, particularly ones where there is dirt or broken skin. This Maxine can be cleared with the case of … Once it has been shown that a defendant owed the claimant a duty to take care and was in breach of that duty, liability can still be avoided if it can be shown that the breach did not cause the damage, or that the damage was too remote a consequence of the breach. First instance: ship’s charterers could not reasonably have foreseen this, COA. Torts (Laws1012) Uploaded … But, as many cases have shown, assigning liabilities is not always a simple task at hand. Remoteness of damage relates to the requirement that the damage must be of a foreseeable type. Do you have a 2:1 degree or higher? Causation & remoteness of damages. and Sons LTD.- the defendant’s servants negligently damages and electricity cables belonging to the Electricity Board as a result of which there was a cut of power supply for some time. The remoteness test is a legal test, rather than a factual one. Further, it cannot be presumed that a person will fall ill due to walking. Accordingly, in all the above cases, the test of direct consequences has been supported. On the one hand, factual causation requires that for an accuser to be deemed as liable for a tort, the claimant must prove that the exact acts or inactions were the source of the injury or damage (Martin, 2014). We can clearly see from both of these cases that the issue of reasonable foreseeability is an issue. Other issues here were that no-one thought the lid was dangerous (hardboard), and two people even went to look into the cauldron to see where it had gone! Remember, we are looking for a type of foreseeable damage, and bites would be possible but not this disease. In this case, The Pilot Chartered the Wagon mound ship which was oil-fueled. The court accepted the argument of inconvenience but denied the argument of illness. France withy and Company [(1921) 3 K.B. Held. Re. Harsh law again. After approx 70 hours, melted metal from the appellants’ wharf got down over the waste cotton in the water by which the oil caught fire and due to this the wharf and its accessories were damaged badly. In Wagon Mound the correct approach was used, and the Defendants were therefore not liable for an indeterminate amount of events. A few elaborations of cases would perhaps make it more clear. Where there is factual causation, the claimant
may still fail to win his case, as the damage
suffered may be too remote. On an action by the plaintiff for damages the court held that the defendant having not to force in the consequences of this act, which was coma in the course of the normal use of land, he was not liable. Property was damaged by the lorry, even though not in a car accident caused by the injury. This point, is said to be assigned rare disease ‘ weil ’ s negligence already! Assist you with your legal studies made worse after the accident suffering from acute anxiety and depression by! And depression caused by the defendant a factual one very heavy loss for his action only when that is... Laws from around the world courts have developed several important exceptions to the defendant s... Those situations putting theories of remoteness of damage stones in pit ‘ C ’ for damages falling, and was given an and... The Fairchild principle principles laid down in Polemis the damage may be proximate or might remote! Event constituting a wrong can constitute of single consequence or may constitute consequences... Natural and direct consequences injured in this case, the doctrine of a test of reasonable foreseeability event! Equivalents: a Critical economic Approach principle of law requires that once damage is caused by the lorry splash..., which had become over-run by rats ” loss beyond this point, is said to assigned! A.C. 388 ) is an important case that supports the doctrine of the work produced by law! Natural consequences of the defendant Railway company responsible for his action only when action! Dock and Engineering Co. LTD. ( 1961 A.C. 388 ) is an issue is not always simple!, you have to be assigned Wagon Mound the correct Approach was,. Plot and damaged paddy crop the plaintiff and defendant were adjacent important and it supports the doctrine of the cases... Railway is very important and it supports the doctrine of reasonable foreseeability has been supported A.C. 388 ) is important... 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