Remoteness

Question 1

What is remoteness?

Answer 1

The damage must not be too remote from the defendants breach

Question 2

What is the test for remoteness?

Answer 2

The type of damage suffered must have been reasonably foreseeable at the time the defendant breached their duty.

Question 3

What approach does the court take in relation to the type of damage that must be foreseeable?

Answer 3

Case law indicates a prevailing attitude of the judiciary to take a broad approach.

Question 4

Once it is established the `type’ of damage was foreseeable will the claimant need to prove anything else?

Answer 4

No, the claimant will succeed even if:

• the precise way the damage occurred was not reasonably foreseeable
• the full extent of the damage was not reasonably foreseeable

Question 5

What does the thin skull rule mean?

Answer 5

The defendant must take their victim as they find them, even if the damage has been aggravated by the claimants own weakness.

The thin skull rule applies even where injury is aggravated by the claimants lack of monetary funds.