principles governing causation and remoteness of damages

Facts: The defendants carelessly exposed their employee, a van driver (the claimant), to extreme cold in the course of his duties.The claimant suffered frost bite as a result. University. Causation & remoteness of damages. University of Sydney. Tort Law Negligence –Causation & Remoteness © The Law Bank Tort General principles –Causation and Remoteness 1 It doesn’t rely on: the type of breach that would take place to cause it CAUSATION (CAUSATION OF FACT) THE ‘BUT FOR’ TEST. Causation and remoteness of damage are dealt with in paragraphs 7.25-7.51. Causation is one of the topics rarely discussed but plays a key role when dealing with commercial disputes. Damages in contract law can be defined as a sum of money paid to the innocent party in compensation for a breach of contract. Damages for breach of contract are subject to the principles of remoteness , causation and mitigation . In deciding the issue the judge found it necessary to embark on a detailed consideration of the authorities on collateral benefits and mitigation in damages and helpfully summarised the relevant principles. The principle of ‘remoteness of damages’ was articulated in "Hadley v Baxendale" [1843 All ER Rep 461] in 1853. Examples of non-compensatory damages include nominal damages, aggravated damages, restitutionary damages and account of profits. However, the principles governing common law and equitable recovery are not as different as the courts claim. The purpose of this stage is to consider the remoteness of the damage. Damages that are too removed from the negligence and breach of duty, may be denied recovery on the basis of remoteness. Traditionally, it has been said that there is liability for negligence where there is a breach of duty causing damage and the damage is not remote.However, these terms are to some extent labels. The first question is whether the damage would have occurred but for the breach of duty. When considering a claim for damages (see Practice Note: Contractual damages—general principles and related content), the court will consider the principles of causation and remoteness. A party's duty to mitigate its loss is dealt with in Practice Note: Mitigation in contractual breach claims. Causation & remoteness of damages and Fscope of liability. ... the claimant must show that the breach of contract caused the loss. Additional Factors. It is a concept which has been widely debated, and to … That is generally an inclusive principle: if losses of that type are foreseeable, damages will include compensation for those losses, however large. This is known as the ‘but for’ test. … In some instances, the rules causation and remoteness rules in equity are interpreted in light of existing common law models of compensation. Remoteness of damage focuses on the type or kind of damage which must be contemplated by the defendant. Course. heart. Remoteness of damage is often thought of as an aspect of causation, and we will consider it in that context. breached) and to remoteness of damage. Remoteness of damage. Causation is established by proving that the defendant’s breach of duty, as a matter of fact, a cause of the damage. Standard of care is dealt with in paragraphs 7.5-7.24. Torts (Laws1012) Uploaded … Causation requires both legal, and factual causation. In construction disputes, all parties including claimants, defendants, independent assessors, experts, adjudicators, arbitrators or judges have to deal with causation during the course of their role. Breach claims is whether the damage Note: Mitigation in contractual breach claims common law equitable. Rep 461 ] in 1853 and Fscope of liability... the claimant must show that the defendant’s breach duty! 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