Remoteness in Tort Law

In English law, the principle of remoteness is a fundamental concept in tort law that limits the liability of defendants for the consequences of their actions. It requires that the harm suffered by the claimant must have been a foreseeable consequence of the defendant's actions in order for the defendant to be held liable.

The idea of foreseeability is key to determining whether harm is too remote to be recoverable. In general, for harm to be recoverable, it must be a reasonably foreseeable consequence of the defendant's actions. If the harm is too remote, then the defendant will not be liable for it.

The test for foreseeability is an objective test developed through a series of case law. It requires the court to determine whether a reasonable person in the defendant's position would have foreseen the harm as a likely consequence of his actions. The court will take into account all the circumstances of the case, including any special knowledge or circumstances that the defendant had or ought to have had.

To be specific, courts will typically apply a two-stage test. The first stage involves determining whether the harm was a direct or indirect consequence of the defendant's actions. If the harm was a direct consequence, the court will move on to the second stage of the test, which involves determining whether the harm was foreseeable.

In short, the principle of remoteness is an important concept in English tort law that limits the liability of defendants for the consequences of their actions. It requires that harm suffered by the claimant must have been a reasonably foreseeable consequence of the defendant's actions in order for the defendant to be held liable.