The principle of remoteness aims to prevent claims for losses that are too remote from the breach (Murray, 2014). One relevant area within remoteness is the eggshell skull principle. 1961 Allahabad 430), Ram Bharose blamed upon the municipal board that due to the board’s permission to Sardar Tej Singh to establish flour mill caused great damage to his house and he is eligible to get compensation from the board. 560]. This is called the doctrine of the remoteness of damages. The court said that though fire on the Cottage could not be a premature end this damage was the direct result of this act. NARROW APPROACH. Transportation Law 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). 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. Remoteness of damage relates to the requirement that the damage must be of a foreseeable type. The events which followed were unforeseeable but the possibility of someone being burned from leaving paraffin lamps around was possible. In this matter, some children from the school were collected to cross the road. HOL. series of acts/wrongs. The case of Wagon Mound or Overseas TankShip (U.K.) LTD. V/s. 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. 107 Q.V 111). Claimants were suing for a man who had committed suicide in prison. The Pilot filed Suit against the defendant for the doctrine of the remoteness of damages. The disease was not foreseeable. The damage may be proximate or might be remote, or too remote. Defendants argued not liable as not foreseeable that the boy would be injured in this way. He was also very angry about his accident. If the servant of the defendant to care then the ship could be saved. 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 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. You can also have an eggshell personality. Defendant liable for all his damage. While putting the stones in pit ‘C’ never think that somebody can be pushed in 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.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. He had a pre-cancerous condition which then turned cancerous. 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. Accordingly, in all the above cases, the test of direct consequences has been supported. Following the principles laid down in Polemis, the defendants were liable, PRIVY COUNCIL. Any person can be held responsible for his action only when that action is the actual cause (causa causes) of damages. We are looking for consequences that could be in the reasonable contemplation of the defendant. The general principle here is that the damage cannot be too remote from the actual breach of duty. 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. 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 … Immediately on passing the bus comedy children started to cross the road at the moment a child was injured by the lorry. In Polemis the damage incurred was probably the furthest thing from the Defendant’s mind, which is why it is bad law. The claimant was a passenger in a defendant’s car. The plaintiff instituted a suit for the doctrine of the remoteness of damages against the defendant. In the Contemplation of Parties. Heron (n 2) ibid. The case of Lisbosch Dredger V/s. 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. Torts (Laws1012) Uploaded … THE WAGON MOUND. L and S.W. 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. Buy Access; Help; About; Contact Us; Cookies; Encyclopedias | Text editions In the law of negligence, a person is presumed to intend the natural consequences of his acts. Railway Company  (1875 L.R. The pattern that is emerging is that the defendant will not be held liable for an indeterminate event for an indeterminate time. First instance: ship’s charterers could not reasonably have foreseen this, COA. Frostbite is a common and foreseeable injury from prolonged exposure to extreme cold. Further, it cannot be presumed that a person will fall ill due to walking. Two boys of 8 and 10 who were playing nearby picked up one of the lamps and accidentally dropped it down the manhole, causing an explosion. 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 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. There are also other causes of this type which supports the doctrine of a test of reasonable foreseeability. 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. There has to be a limit. The defendant had been drinking and caused an accident, injuring the claimant’s head. VAT Registration No: 842417633. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Remoteness of damage 1. The appellant filed a suit against the defendant for the doctrine of the remoteness of damages. remoteness of damage — Loss or injury that has resulted from unforeseen or unusual circumstances. The issue of remoteness arises on consideration of the fundamental question of legal causation, which involves an analysis of … This Maxine can be cleared with the case of … Some of the petrol cases lived on the voyage and there was petrol vapour in the hold. Some years later he hanged himself as he was suffering from acute anxiety and depression caused by the original injury. ‘A’ pushes ‘B’ to a pit in which ‘C’ put some time stones. The suit was based on inconvenience to the plaintiff and his family members and illness of the wife of the plaintiff. series of acts/wrongs. 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 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. He hadn’t had problems with ME for years but it came back with a vengeance after the accident. Payne J. 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. Remoteness of damages refers to the limiting point, beyond which damages which are attributable to the breach of contract, may not be recovered. He then tried to recover this from the defendants. 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. Krishana Morthy, the doctrine of a test of reasonable foreseeability has been recognized. Remoteness of damage relates to the requirement that the damage must be of a foreseeable type. An event constituting a wrong can constitute of single consequence or may constitute of consequences of consequences i.e. Causation & remoteness of damages and Fscope of liability. Since one of the principal aims of the law of contract is certainty, the rules are well settled. Guru Prasad- the test of foreseeability was considered and adopted. His main job was to look after cattle. It was held by the Privy Council that in this case, it was unforeseeable by the appellants that fuel oil spread on water would catch fire, hence they are not responsible for it though the direct region of damage was a negligent act of the servants of appellants. 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’. The claimant had to drive his fan from Bradford to Exeter (500 miles) in January. He had a pre-existing skin condition and suffered from depression, and these were both made worse after the accident. The case of Re Pelamis- with regard to this test the case of “Re Pelamis” is an important case. Where the connection between the wrongful act and injury is not sufficiently direct then no suit can be instituted for damages for such an action. 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. But, as many cases have shown, assigning liabilities is not always a simple task at hand. Demetrios Hadjhambis, “Remoteness of Damage in Contract” (1978) The Modern Law Review 41 4 483. In S.C.M. In this case, The Pilot Chartered the Wagon mound ship which was oil-fueled. On account of this molten material solidified in the plaintiff’s machine and partly damaged the machine. We find that courts have developed several important exceptions to the ordinary but-for test of causation, including the Fairchild principle. This case is called the first case which propounded the doctrine of the test of direct consequences. 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. This is exactly what happened, even though not in a foreseeable way. Polemis declared as no longer good law. The case of Smith V/s. In this case, the plaintiff along with his wife and children book tickets to go to ‘H’ buy the last train at night. We said then that remoteness of damage came into those situations. But if it damage that could not be anticipated that the defendant will not be responsible for that. Take a look at some weird laws from around the world! 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. 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! Claimant worked on a farm, which had become over-run by rats. Disclaimer: This work has been submitted by a law student. When he returned to work, nothing had changed, just as much work, a backlog of cases to clear. He suffered a nervous breakdown in 1986, and before his return to work, his caseload was discussed with superiors, and assistance offered. v. Saint John Toyota Ltd. et al.,’ decided in the New Brunswick Supreme Court, Appeal Division, highlights the need for judges to keep separate in their minds the legal require- ments for establishing initial liability in negligence … Continued Causation and remoteness tests are rules that are normally applied to prove negligence claims. Another case of Municipal board Kheri V/s. The claimant had a personality change, and started attacking and raping women. Registered Data Controller No: Z1821391. He was involved in a car accident caused by the defendant’s negligence. Defendant liable for full cost, as this would have been in his contemplation. original injury was still operating, and anxiety/depression are a common cause of damage to the head. COA. Edison (1933 A.C. 499), Lisbosch Dredger was sunk due to the negligence act of Edison. All the issues such as the flashpoint, were taken into account. Course. 90 incentive to communicate their subjective expectation regardless of what low-value promisees do. Held. The claimant burnt his lip due to the defendant’s negligence. In the case of Re Pelamis V/s. Despite this, the remoteness of damage is still helpful in creating a coherent principle and probably more so than the proximity of relationship test. L and S.W. Where the connection between the wrongful act and injury is not sufficiently direct then no suit can be instituted for damages for such an action. 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. Held. Held. 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! The plots of the plaintiff and defendant were adjacent. 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. He got frostbite. Only risk was splashing. No knowledge that the lid falling would cause a chemical reaction, so explosion not foreseeable. Issue was that no damage was really foreseeable from the lid falling, and the splash. The remoteness test is a legal test, rather than a factual one. The claimant’s property was damaged by the defendant’s negligence. 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. A few elaborations of cases would perhaps make it more clear. 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