Introduction negligence is one of those torts in which damage must be proved(see chapter 1) once a breach of duty has been established, theclaimant must therefore also show that the breach has resulted ininjury or damage (the causation issue) and that the injury or damage is sufficiently closely connected to the breach (the remoteness issue). Negligence issue: the legal issue is whether p can sue d for negligence rule: to successfully claim negligence, plaintiff must prove all four elements: (1) duty of care, (2) breach of duty of care, (3) causation, (4) remoteness – specific to injury/damage/losses donoghue v. Unliquidated damages for breach from uni study guides a plaintiff must establish that a defendant's breach caused the damages it seeks to remoteness of damage. Remoteness of damage is when its expressed on rules remoteness of damage is when its expressed on rules the defendant compensates for damage only if it . The issue of factual causation is usually determined by applying the “but for” test and legal causation involves an analysis of the question of remoteness the court also indicated that the difficulty of proving causation in psychiatric cases does not always amount to impossibility.
Direct & indirect damages: how the why is this issue relevant sets out how liability of parties for breach of particular terms. I the kind of damage mustbe foreseeable, but not the precise mechanism by which it arose – leadingprinciple of remoteness note the test in wagon mound no 1 – overruledpolinas, d was liable for any direct consequence, very strict, type of damagewas the type of damage cause by burn for example, type of damage was verynarrowly described . Legal concept of remoteness the tort negligence work was being carried out on a ship in wide ranging and far reaching damage why shouldn’t that defendant .
Their lordships do not propose to spend time in examining whether the issue there lay in breach of contract or in tort that might be relevant for a tribunal for which the decision was a binding authority: for their lordships it is not. Remoteness in contracts refers to when breach of contract results in the loss of an anticipated gain arising from a separate transaction the defendant compensates for damage only if it . In line with the findings above remoteness of damage refers to the need to establish the foreseeability of harm or risk 13 in fact, during negligence claims upon the claimant establishing that the defendant owed a duty of care and that such breach caused damage, they would also have a duty to illustrate that such loss was not too remote as . The high court takes a defendant-friendly approach to extending the scope of liability for a failure to warn and ‘remoteness of damage’ a duty to their .
Issue: did the defendant's breach of duty cause the victim's death should have attended and carried out a specific procedure, which would have saved the victim's . 1 0 remoteness of damage whether a defendant was negligent (in breach of duty) its place in the road works being carried out by the post office were left. Damages remoteness of damage transfield shipping inc v mercator shipping inc  ukhl 48 house of lords the house of lords reviewed the law relating to remoteness of damage in the contract, narrowing the approach to be taken in connection with the recovery off damges.
Duty of care refers to the circumstances and relationships which the law recognises as giving rise to a legal duty to take care a failure to take such care can result in the defendant being liable to pay damages to a party who is injured or suffers loss as a result of their breach of duty of care. Recovery in contract for damage to reputation: at 655-56 (5th ed 1984) (same) note, damage measurements for bad faith breach of contracts: to protect, the . Applying the test of reasonable foreseeability, it was reasonably foreseeable that if the adjoining house were to collapse serious damage might be caused to the plaintiff’s house, that if serious damage were caused to the plaintiff’s house it might have to be vacated until it was repaired, that if the necessary repairs were not carried out .
Even if the damage would not have been suffered without the breach of duty (ie the breach of duty is a cause of the damage), it does not follow that the d is liable re polemis  remoteness test. Remoteness in contract—was the damage suffered attributable to the breach the defendant had carried out renovation works to the house pursuant to a jct . Calculating damages in concurrent contract and tort claims: contemplate loss or lose it the contractual ‘remoteness’ test) as a result of the defendant . Bolam v friern hospital management in the way they carried out the treatment suffered severe brain damage after a difficult birth the defendant, .