Remoteness of damage: which description best captures the requirement?

Study for the Solicitors Qualifying Examination SQE Stage 1. Prepare with flashcards and multiple choice questions. Every question includes hints and explanations. Ace your test with confidence!

Multiple Choice

Remoteness of damage: which description best captures the requirement?

Explanation:
Remoteness of damage governs which losses can be recovered after a breach. You don’t get every consequence of the breach; only those losses that were a foreseeable natural consequence of the breach. This aligns with the idea that damages are recoverable if they are within the contemplation of both parties at the time of contracting as the probable result of the breach, or naturally arise from it. If a loss isn’t reasonably foreseeable, it’s too remote and won’t be recoverable. Damages don’t have to be certain to occur, and the duration of the breach doesn’t determine remoteness.

Remoteness of damage governs which losses can be recovered after a breach. You don’t get every consequence of the breach; only those losses that were a foreseeable natural consequence of the breach. This aligns with the idea that damages are recoverable if they are within the contemplation of both parties at the time of contracting as the probable result of the breach, or naturally arise from it. If a loss isn’t reasonably foreseeable, it’s too remote and won’t be recoverable. Damages don’t have to be certain to occur, and the duration of the breach doesn’t determine remoteness.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy