Remoteness of Damage Flashcards
What is Remoteness of Damage
After the commission of a tort the question of defendant’s liability arises.A line must be drawn somewhere and certain kinds or types of losses Though a direct result of the defendant’s conduct may remain uncompensated
He is liable for only those consequences, which are not to remove from his conduct. No defendant can be made liable Ad infinitum For all the consequences which follow his wrongful act
Remoteness of damage and proximate damage or intended consequences
If, on the other hand, the act and the consequences are so connected that they are not to remote but are proximate, the defendant will be liable for consequences.
An intentional wrongdoer liability will cover all the consequences, whether unforeseeable or not, which result from this wrongful act
scott v shepherd 1773) A through a lighted squib into a crowd. It fell upon x in order to prevent injury to himself he throw it further. It fell upon Y and Y in his turn did the same thing, and it fell upon B as a result of which be lost, one of his eyes. A was liable to B his act was proximate cause of the damage even though his act was farthest away from damage in so far as the act of x and y had intervened in between.
What are the two main tests to determine whether damage is remote or not
In case of unintended consequences.
There are two main tests to determine whether the damage is remote or not
Test of directness. First authority for the view advocating the directness the case of smith v london and south western railway company(1870) used till 1961
Court laid down that Defendant is to be held liable for all the direct consequences of this act, whether it has been once determined that There is an evidence of negligence.The court will make the proper person guilty offered for its consequences.Whether he would have seen them or not.Therefore he shall be made liable for all the consequences of his wrongful act
It was ready affirmed in re polimus and furness witty and co ltl
*after 1961*
* Test of directness * **Overseas tankship uk Ltd VS Morts docks and engg. Co. Ltd.** Polimis's rule does not seem in consonance with the current ideas of justice and morality, For an act of negligence. However, slight or vineyale, which results in some small or foreseeable damage? The defendant should be liable for all the consequences. However, unforceable and grave so long as they can be said to be direct. It is a principle of civil liability that a man must be considered to be liable for the probable council's office at some. Limitation must be imposed upon the consequences for which the defendant is to be held responsible.Why should the test of reasonable for should be rejected?Which corresponds with the common conscience of mankind and a test of directness must be substituted with a test of this noble force for sight which creates insoluble problems of causation
