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The Test Of Remoteness In The Tort Of Negligence

826 words - 4 pages

The law places a limit upon the extent to which the defendant is liable for the loss which occurs from his breach of a duty of care to the plaintiff, once it is established that the loss sustained by the plaintiff is one recoverable in negligence. The test of remoteness of damage limits this liability by defining certain types of damage or losses as being irrecoverable as a matter of law. The test is carried out to protect the defendant in breach of their obligations from unusual or unexpected claims.The test for remoteness was for some time considered to be that laid down in Re Polemis and Furness, Withy & Co. Ltd where it was held that all harm suffered as a direct result of a breach ...view middle of the document...

The courts however have interpreted The Wagon Mound test somewhat broadly when dealing with foreseeability to personnel injury Page v Smith except in the cases of Doughty vs Turner Manufacturing and Tremain vs Pike and Jolley vs Sutton Borough Council where a narrow view was taken by the courts, where the courts ruled that the remoteness test was not satisfied.One area not covered by The Wagon Mound No 1 test is the position if the type of injury is foreseeable but the extent of that injury is not because the claimant has a special condition, Smith v Leech Brain & Co Ltd, Robinson v Post Office & Paris v Stepney B.C . This is covered by the 'egg-shell skull' rule which basically means that you take your victims as you find them and so if the claimant suffers a particular disability or has a particular condition they can recover in full from the defendant for their loss. This rule therefore extends the rule of remoteness as stated in The Wagon Mound No 1.Reasonable foreseeability is always a necessary ingredient of a...

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