Tort - Remoteness

Question 1

Who generally has the burden of proving that some of the damages claimed are too remote?

Answer 1

the defendant

Question 2

Although the defendant may be the cause of the claimant’s loss, policy dictates that limits must be placed on the

Answer 2

extent of loss recoverable

Question 3

The objective test of reasonable foreseeability

Answer 3

A claimant can only recover if the type of damage suffered was reasonably foreseeable at the time the defendant breached their duty of care

Question 4

To be liable for the full damage, D only has to foresee…

Answer 4

the type of damage

Question 5

Policy considerations when assessing risk

Answer 5

the cost and effort taken to mitigate the risk(s) should be proportionate to the risk(s)

Question 6

Traditional test of remoteness

Answer 6

the loss will only be recoverable if it was in the reasonable contemplation of the parties at the time of entering the contract

Question 7

Remoteness rule (The Wagon Mound (No 1))

Answer 7

Damage/injury must be reasonably foreseeable to be actionable in negligence.