The Pilot filed Suit against the defendant for the doctrine of the remoteness of damages. ‘B’ is injured and ‘B’ files Suit against ‘A’ and ‘C’ for damages. We said then that remoteness of damage came into those situations. The claimant had an accident at work, caused by the defendant employer’s negligence. You can also have an eggshell personality. Mort’s Dock and Engineering Co. LTD. (1961 A.C. 388) is an important case that supports the doctrine of reasonable foresight. Railway Company  (1875 L.R. It considers causation in fact, causation in law, and remoteness of damage. On account of this molten material solidified in the plaintiff’s machine and partly damaged the machine. You can view samples of our professional work here. In English law, remoteness is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong. COA. This is not an example of the work produced by our Law Essay Writing Service. Parsons(n 1) 794. ibid. HOL. Basically, this is the same as in criminal law, in that you must take the claimant as you find him. You should not treat any information in this essay as being authoritative. 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. Ram Bharose (A.I.R. He got frostbite. NARROW APPROACH. Damages recoverable are those which The case of Smith V/s. 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 Legal causation is different from factual causation which raises the question whether the damage resulted from the breach of contract or duty. Looking for a flexible role? Therefore, defendant liable for all the natural and direct consequences of the breach, provided only some damage is foreseeable. 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. 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. Do you have a 2:1 degree or higher? When they went for a cuppa, they put red warning paraffin lights around it. Issue was that no damage was really foreseeable from the lid falling, and the splash. 55, No. original injury was still operating, and anxiety/depression are a common cause of damage to the head. The general principle of law requires that once damage is caused by a wrongful act, liabilities have to be assigned. series of acts/wrongs. Remoteness of damage is a matter of fact, and the only guidance, the law can give to lay down general principles. 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). Therefore, if he has some kind of weakness, you have to accept this. The doctrine of the remoteness of damages is one such principle. ‘A’ pushes ‘B’ to a pit in which ‘C’ put some time stones. 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. 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! Another case of Municipal board Kheri V/s. 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. BROAD APPROACH to some ‘kind of damage’, The defendants spilled furnace oil from their ship into Sydney harbour, The oil had a flashpoint of 170 degrees, and they believed it wouldn’t burn on water, The claimants enquired as to whether it was safe to continue welding on the wharf 200 yards away, and were given the answer yes, Two days later some molten metal spilled onto a cotton rag soaked in oil, floating in the sea. No person can be held responsible for such an action if that had not been done coma the accident had not occurred (Causa sine qua non). Immediately on passing the bus comedy children started to cross the road at the moment a child was injured by the lorry. By the negligence of the porters, they were put into the wrong train and carried of ‘E’. 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. 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. In Wagon Mound the correct approach was used, and the Defendants were therefore not liable for an indeterminate amount of events. He then tried to recover this from the defendants. OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND, Hobbs Very V/s. The suit was based on inconvenience to the plaintiff and his family members and illness of the wife of the plaintiff. 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. 6 months later he had a further breakdown, resulting in permanent ill health. Causation & remoteness of damages. Reference this. There was a respondent wharf on the distance of 600 feet away from the Sydney port and the ship was under repair there. The plaintiff instituted a suit for the doctrine of the remoteness of damages against the defendant. The Doctrine of the remoteness of damages is based on the maxim-, This Maxine can be cleared with the case of, The plaintiff instituted a suit for the doctrine of the remoteness of damages against the defendant. All the issues such as the flashpoint, were taken into account. Claimants were suing for a man who had committed suicide in prison. Mr. J.W. Held. The court did not accept the argument of the test of reasonable foresight. 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’. Held. The damage was extensive in this case. 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