REMOTENESS OF DAMAGE

Remoteness of damage In black law dictionary: remote means a far off, at a distance. Remoteness: lack of close connection between a wrong and the injury which prevents the party injured from claiming compensation from the wrongdoer

Remoteness of damage Remoteness of damage means the unusual and unexpected result, not reasonably to be anticipated from an accidental or unusual combination of circumstances, a result beyond which the negligent party has no control.

The causation chain of negligence Negligence is the breach of a legal duty to take care which results in damage. Whether there was a duty of care owed to you? (Foreseeability) Whether you committed a breach of that duty? (reasonable and prudent person) Whether the negligent was a cause of the injury? (intervening action) How many items of plaintiff’s loss a negligent actor should not be held responsible

Determining the liability of negligence Negligence is the breach of a legal duty to take care which results in damage. For negligence these elements are important: Foreseeability Acting reasonably (not breach of law) Causation

Determining the liability of negligence The chain of causation is broken when there is an intervening action which you could not reasonably be expected to foresee. The remoteness of damage concerns how many items of plaintiff’s loss, a negligent actor (defendant) should not be held responsible. If a particular item is remote, the defendant is not held responsible for that item of plaintiff’s loss

Test of remoteness There are two views relating test of remoteness: Consequences are too remote if a reasonable man would not have foreseen them. If a reasonable man would have foreseen any damage as a result of his act, then he is liable for all direct consequences. i.e., the chartered ship, Bakara Market Fire 2002

Degree or extent of damage If the kind of damage to a human being is foreseeable, the defendant will be liable even though it is much greater in extent than would have been reasonably anticipated from the negligence. Precise ways or manner. (i.e. lorry collision in east African case)

The end Any question?