The test of remoteness essay

It requires determination in the context of an intense focus on the circumstances of each case. The claimant was not physically injured in the collision but the incident triggered his ME and had become chronic and permanent so that he was unable to return to his job as a teacher. Conclusion Hence, David did breach the duty of care of Tony as he was the reasonable person who should foresee the damage and it is easy to eliminate the damage.

Conclusion Therefore, Tony did contribute to his damage as he did not check his new method which causes the inflection and further damage. In fact, David could transfer Tony to his other workmate if he is not familiar with the way which suggested by the leading dentist. For an action in negligence to succeed, it must be foreseeable that the act or omission of the defendant could cause harm to the plaintiff.

Once damage is of a kind that is foreseeable the defendant is liable for the full extent of the damage no matter whether the extent of the damage is foreseeable.

If you can say that the damage would not have happened but for a particular fault, then that fault is in fact a cause of the damage; but if you can say that the damage would have happened just the same fault or no fault, then the fault is not a cause of the damage.

The reason for this it is said is because of the inherent difficulty facing the plaintiff in a case where medical opinion cannot establish definitively that the dame is attributable to one potential cause of harm rather than another.

The arbitrator held that the causing of the spark could not have been anticipated and therefore no liability arose. In other words, proximity that requires care to be taken must exist.

The law in this area has become irreconcilable and at best difficult to understand.

Tort. Causation and remoteness of damage - Essay Example

The claimant was standing close by and suffered burns from the explosion. The test was explained well by Lord Denning in Cork v. In fact, as David decided to use the dental glue, instead of the traditional method that was recommended by the leading dentist.

And it is foreseeable that the act of the defendant, which may be David or the Bright Smiles Dental Surgery, could cause harm to the plaintiff, which is Tony.

Remoteness of Damages

As Hoffman points out Hoffman: The question facing the court was whether the plaintiff had sown that his condition was caused by the absence of washing facilities.

The council never took it away. The majority of the House of Lords departed from the standard criteria. Remoteness of damage must also be applied to claims under the Occupiers Liability Acts and also to nuisance claims.

Voluntary assumption of risk: The English law of torts analyses the question of causation in two stages Honore: Not every loss will be recoverable in tort law. At the time of the incident it was not known that the asbestos could react in that way.

The Judgement of Lord Wilberforce appears to accept the possibility that in the absence of conclusive proof of a link between fault and damage, liability must be imposed upon a defendant whose negligence increases the risk of a particular loss occurring, if that risk is subsequently realised.

We will write a custom essay sample on Case Study of Negligence or any similar topic specifically for you Do Not Waste HIRE WRITER Be more specific, David is employed there as a full-time dentist and he was the one who attached the artificial teeth by strong dental glue instead of the way which recommended by leading dentists.

According to the fact, Tony not only suffers variety of physical damage but also physiological damage. This means a defendant must take their victim as they find them.

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The test is whether the damage is of a kind that was foreseeable. However, it was David determined to use the strong dental glue instead of the method recommended by the leading dentist.

Whilst it may be foreseeable the lid may have caused a splash resulting in a scold, it was not foreseeable that an explosion would occur resulting in burns. Unfortunately that was exactly what happened, despite the proper skill with which the operation was done.

As Tony was having the surgery in the Bright Smiles Dental Surgery, therefore, whatever will happen based on the surgery, it should be the duty of care of the Bright Smiles Dental Surgery.

And when she had it, the risk would have been exactly the same. Her condition was such that she needed to have it. It is possible that David get hurt from the dental glue and the surgery. The trial judge found for the claimant.

About this resource This Law essay was submitted to us by a student in order to help you with your studies. The boys had jacked the boat up to work on the underside and the jack went through the rotten wood. Steps needed to remove the risk: But for the conduct of defendant, would the damage have been suffered?

The claimant brought an action under the Occupiers Liability Act The gravity of injury is quite serious as his teeth fell out of the new desk while he was on TV presenting the evening news.A test of remoteness of damage was substituted for the direct consequence test.

The test is whether the damage is of a kind that was foreseeable. If a foreseeable type of damage is present, the defendant is liable for the full extent of the damage, no matter whether the extent of damage was foreseeable.

The test of remoteness of damage limits this liability by defining certain types of damage or losses as being irrecoverable as a matter of law. The test is carried out to protect the defendant in breach of their obligations from unusual or unexpected claims.5/5(1).

The test is an objective one –what a reasonable person thinks. * Weighting test: 1. The likelihood of injury: If the risk of injury is minimal, there will be no breach of the duty of care. 2.

Case Study of Negligence

Gravity of injury if occurring: The seriousness of any resulting injury 3. Steps needed to remove the risk: The steps required to eliminate the risk 4. Essay on The Test of Remoteness in the Tort of Negligence The law places a limit upon the extent to which the defendant is liable for the loss which occurs from his breach of a duty of care to the plaintiff, once it is established that the loss sustained by the plaintiff is one recoverable in negligence.

the quality law coursework & essay library Welcome! Sign in; or; Question: Causation and Remoteness. In this test the courts make an assessment of whether the damage caused is not too remote from the breach, or whether there was a break in the chain of causation.

Thi.(short extract). The test of remoteness of damage limits this liability by defining certain types of damage or losses as being irrecoverable as a matter of law.

The test is carried out to protect the defendant in breach of their obligations from unusual or unexpected claims.

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