The Relationship between Causation and Remoteness of Damage

Abstract

In strict theory, causation (called ‘cause in fact’) and remoteness (called ‘cause in law’) must be dealt with as two separate requirements in each case. Causation is a matter of fact and requires the claimant to prove that the negligent act caused the damage complained of. The rules concerning remoteness of damage are a matter of law and broadly require the claimant to establish that the damage was of a kind which was reasonably foreseeable. It is concerned with setting a limit on the extent of the harm for which the defendant should be held liable. However, it is not always a clear cut issue to establish where causation ends and remoteness begins, nor is it always a simple matter to separate some aspects of remoteness from issues which arise in relation to duty of care. Both causation and remoteness of damage frequently turn on issues of policy. Both are relevant throughout the law of tort and are dealt with in connection with negligence for the sake of completeness.

Keywords: Causation, Complaint, Damage, Defendant, Problems, Remoteness, Trial


Article Review Status: Published

Pages: 70-74 (Download PDF)

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