Essay On Tort Of Negligence

1 – BBALLB - B REMOTENESS OF DAMAGES IN TORT

Remoteness of damages in tort law is often related to the tort of negligence. It also forms a critical part one of the most critical parts which has been claimed in breach of contract. The remoteness of damages in tort of negligence is where some of the most important developments have taken place. We now have to find out what makes this different from other torts

Before one of the landmark cases the traditional method of judging the case was once a breaches in the duty of care was established, a defendant would be held liable for all the consequent damage which was caused no matter how

Many forms of damage of varying forms of degree can be foreseen as the potential consequence of an action.

The main and important approaches to remoteness which exists in negligence was accepted and was later applied by New Zealand

There were other cases as well, one of the most notable cases in New Zealand named

Taupo Borough v. Birnie- In this case, a hotel had two streams flowing under it, eventually due to various circumstances the streams over flooded and caused damage to the hotel.

In this case it was held that the damage caused to the hotel was foreseeable and the hotel did not take action despite accidents like this happening previously as well.even though the extent of loss suffered is than what could have been foreseen that kind of damage is certainly foreseeable and that alone is required to satisfy the test.

Nowadays it is very hard to say whether all the issues which are brought up in negligence can be solved with a reference to foreseeability of a particular type of harm. Now, questions will be resolved by asking the plaintiff was owed a duty of care by the defendant in respect of that particular type of damage or injury.

There are three important