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Out of the Maze: Towards a Clear Understanding of the Test for Remoteness of Damages in Negligence
Resource type
Authors/contributors
- Coval, C. (Author)
- Smith, J. C. (Author)
- Rush, Joan (Author)
Title
Out of the Maze: Towards a Clear Understanding of the Test for Remoteness of Damages in Negligence
Abstract
Both academics and judges share the general opinion that the question of remoteness of damages cannot be resolved in a rule-governed manner, that is to say by the applications of a test. We disagree with this conclusion. We propose a test in terms of foreseability of damages which reconciles the leading decisions of The Wagon Mound (No. 1), The Wagon Mound (No. 2) and Hughes v. Lord Advocate. We have analyzed almost all the remoteness issues and have found that the test conforms with ninety percent of the past decisions, consequently we should be able to predict the outcome of remoteness issues with only a ten percent error. If courts consciously adopt our version of the foreseeability test, the margin of error could drop even further.
Publication
The Canadian Bar Review
Date
1983-09-01
Volume
61
Issue
3
Pages
559
Accessed
11/2/26, 2:02 AM
ISSN
0008-3003
Short Title
Out of the Maze
Language
en
Library Catalog
License
Copyright (c)
Citation
Coval, C., Smith, J. C., & Rush, J. (1983). Out of the Maze: Towards a Clear Understanding of the Test for Remoteness of Damages in Negligence. The Canadian Bar Review, 61(3), 559. https://cbr.cba.org/index.php/cbr/article/view/3286
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