causation and remoteness Flashcards
1
Q
Damages subject to limitation regarding three principles?
A
- Causation
- Remoteness
- Mitigation
2
Q
causation?
A
Must be a link between the claimant’s loss suffered AND the defendant’s breach of contract.
3
Q
In causation, the party is only liable for…
A
losses caused by their breach of contract.
4
Q
Intervening acts between breach of contract AND loss occurred can break the chain of causation BUT only…
A
only where they are reasonably foreseeable.
5
Q
In causation, the fact that there is another contributing factor will prevent liability.
correct?
A
No
6
Q
Remoteness?
A
losses which are too remote a consequence of a breach CAN’T be recovered.
7
Q
Mitigation?
A
an innocent party can’t recover for any loss which they failed to take reasonable steps to minimise.
