What is remoteness of damage in tort?

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

What is remoteness of damage in tort?

Explanation:
Remoteness of damage in tort is about how far liability extends from the breach. The key idea is that you recover only for damages that a reasonable person could foresee as a possible consequence of the breach. In practice, this means the kind of damage must be foreseeable, not necessarily the exact event or the precise amount. So damages recoverable are those that flow from the breach in a natural or probable way—if the type of damage is something a defendant could foresee, it’s within the liability; if the damage is of a kind that wasn’t foreseeable, it’s too remote and not recoverable. This focuses on foreseeability of the damage’s kind, while the exact amount or specific circumstances need not be foreseen.

Remoteness of damage in tort is about how far liability extends from the breach. The key idea is that you recover only for damages that a reasonable person could foresee as a possible consequence of the breach. In practice, this means the kind of damage must be foreseeable, not necessarily the exact event or the precise amount.

So damages recoverable are those that flow from the breach in a natural or probable way—if the type of damage is something a defendant could foresee, it’s within the liability; if the damage is of a kind that wasn’t foreseeable, it’s too remote and not recoverable. This focuses on foreseeability of the damage’s kind, while the exact amount or specific circumstances need not be foreseen.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy