Remoteness Definition

GLOSSARY

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What does Remoteness mean?

If the damage was not reasonably foreseeable, the defendant will not be held responsible and the damage is said to be too remote.

View the related checklists about Remoteness

Professional negligence claims—claimant steps—checklist

Professional negligence claims—claimant steps—checklist This Checklist sets out the position under the Pre-Action Protocol for Professional Negligence claims (the 'Protocol') currently in force. For general guidance on the Protocol, see Practice Note: Professional negligence claims—the pre-action protocol. This Checklist should be read in conjunction with Practice Note: Professional negligence claims—pre-action protocol—claimant issues. For further detail on how to pursue a professional negligence claim (including with reference to a worked hypothetical set of pleadings), see Practice Notes: • Starting a professional negligence claim—a practical guide • Pleading professional negligence claims—worked hypothetical examples together with a template Precedent: Particulars of claim—professional negligence claim. Client’s initial instructions of potential professional negligence claim Limitation See Practice Note: Limitation—professional negligence claims. Is there a limitation issue pending? If so: • consider issuing protective proceedings, and/or • negotiating a standstill agreement See Practice Note: Professional negligence claims—the pre-action protocol—Limitation and the professional negligence PAP. Initial investigations As with any claim, there are various preliminary investigations that should be carried out, including: • background...

Professional negligence claim—scope of duty, causation and remoteness—checklist

Professional negligence claim—scope of duty, causation and remoteness—checklist This Checklist identifies the key factors to consider when determining whether or not there is a viable claim to be brought in professional negligence in terms of the scope of the duty, causation and remoteness, when considering whether the losses claimed fall within the scope of the professional’s duty, using the ‘analysis model’ proposed by the Supreme Court in its 2021 decisions in Manchester Building Society v Grant Thornton and Khan v Meadows. For detailed guidance on causation and remoteness in this area, see Practice Note: Causation and remoteness in professional negligence claims. Note: in Armstead v Royal & Sun Alliance, the Supreme Court rejected the application of this six-point checklist in used by the Court of Appeal when deciding whether the claimant car-hirer could recover damages she had had to pay to the car-hire company for loss of use owing to the car being damaged by a third party’s negligence—the case had not been one where the scope...

Professional negligence claims—Will drafting

Professional negligence claims—Will drafting This Practice Note sets out the basis for professional negligence claims by disappointed beneficiaries against the draftsperson who drew up the relevant Will. Professional negligence claims In broad terms, in order to succeed in a negligence action a claimant must show that the: • defendant owed a duty of care to the claimant • defendant breached their duty by an act or omission • loss for which the claimant seeks damages was caused by the act or omission, there is a sufficient nexus between the loss and the act or omission and the loss is not too remote • loss is not vitiated by another factor such as a failure to mitigate Any claim must also be brought within the relevant limitation period. For further details, see Checklist: Professional negligence claim—scope of duty, causation and remoteness and Practice Note: Bringing a professional negligence claim based on the duty in contract, tort and equity (available subject to subscription). The duty of care Historic...

Trust disputes—breach of trust

Trust disputes—breach of trust It is a fact of life that beneficiaries and trustees fall out. Often this is due to misunderstandings but occasionally beneficiaries may consider proceedings either to restore a trust fund or obtain compensation on the basis that the trustees have exceeded their authority or failed to exercise their duty of care. Before taking those proceedings, those instructed to take action should consider a number of points, namely whether: • the act complained of is a breach of trust (or breach of fiduciary duty) • there is a quantifiable loss and a readily identifiable link from the breach to the loss • there is a commercial prospect of recovery from the trustee(s) • the claim is outside the limitation period • there is an exclusion clause that enables the trustee to escape liability • is the trustee likely to be granted relief • is the beneficiary guilty of acquiescence If the first four can be answered positively and the latter three negatively, there may...

Discover our 172 Practice Notes on Remoteness

Ireland—Letter of claim—breach of contract

Ireland—Letter of claim—breach of contract General This Precedent and its accompanying drafting notes are for use where your client is seeking to bring a basic claim for breach of contract. The hypothetical factual scenario used is simply for illustrative purposes and practitioners should adapt the text to reflect their instructions. This letter of claim does not operate to stop time for the purposes of preventing the defendant from relying on a limitation defence. The usual limitation period for bringing a contractual claim is six years from the date of the breach of contract. [ON THE HEADED NOTEPAPER OF THE CLAIMANT’S SOLICITORS] Addressee of the letter of claim It is important to make sure that the letter reaches the recipient. You should therefore address the letter so that it has the best chance of reaching the prospective defendant. Where the other party to the contract is a company, the letter should be addressed to a specific person where possible (usually a director or senior employee). The letter should be sent to...

Ireland—Sub-contract agreement

This Precedent sub-contract agreement (also referred to as a back to back agreement) is for use where a contractor party under a main or prime contract wishes to sub-contract some or all of its obligations to a sub-contractor. It is suitable for use as a sub-contract for a commercial transaction for the supply of goods and services, or other generic commercial activities. It is not suitable for use as a sub-contract for a construction sub-contract. The Precedent places an obligation on the sub-contractor to comply with the provisions of the main contract and allows for progress reports and ownership of intellectual property and clarifies the liabilities that each of the main contractor and sub-contractor bears. It assumes that obligations under the sub-contract agreement are back to back with the obligations under the main contract. Other precedent agreements This sub-contract is not suitable for construction sub-contracts. Structure of this Precedent This sub-contract agreement is written with a main contractor bias. It comprises: • main body—which sets out the general contractual relationship...

Dive into our 4 Precedents related to Remoteness

Which remedies are available to a business customer whose supplier has installed incorrect items B, under a contract which specified the requirement for item A, but mistakenly included prices for item B?

Which remedies are available to a business customer whose supplier has installed incorrect items B, under a contract which specified the requirement for item A, but mistakenly included prices for item B? Formation of contract—What have the parties contractually agreed? It is first necessary to identify what the supplier and customer have contractually agreed will be supplied and installed. As such one must first consider all of the communications and discussions between the parties comprising the offer and acceptance process. This will include, without limitation, the detail of the invitation to tender document, the quotation, confirmation of acceptance, invoices and other emails, telephone calls and discussions between the parties relating to the subject matter. Included within those considerations any terms on which quotations and tender documents are purported to be made. A legally binding contract must, among other things, comprise both an offer and acceptance. Practice Note: Forming enforceable contracts—offer analyses the requirements for a legally binding offer, and considers what we mean by 'offer', how...

When drafting a notice under the Torts (Interference with Goods) Act 1977 of a bailee’s intention to sell goods, if storage costs fall to the bailee as a result of having to store the goods, can those costs be included in the sum claimed in the notice if they flowed from the bailor’s failure to collect and pay for the goods?

When drafting a notice under the Torts (Interference with Goods) Act 1977 of a bailee’s intention to sell goods, if storage costs fall to the bailee as a result of having to store the goods, can those costs be included in the sum claimed in the notice if they flowed from the bailor’s failure to collect and pay for the goods? This Q&A assumes that: • the goods in question are a motor vehicle • no judgment has been obtained Schedule 1 Part II to the Torts (Interference with Goods) Act 1977 (T(IG)A 1977) provides that: ‘…(1) A notice under section 12(3) shall— (a) specify the name and address of the bailee, and give sufficient particulars of the goods and the address or place where they are held, and (b) specify the date on or after which the bailee proposes to sell the goods, and (c) specify the amount, if any, which is payable by the bailor to the bailee in respect of the goods and which became...

See the 63 Q&As about Remoteness

PI & Clinical Negligence weekly highlights—10 October 2024

This week's edition of PI & Clinical Negligence weekly highlights include a case where the High Court dismissed a claim for damages for a road traffic accident where the claimant was intoxicated on the ground at the entrance of a parking area and details of the NHS programme launched by the Department of Health and Social Care to reduce brain injury in childbirth. We also include the usual round up of other news and New Law Journal articles of interest.

PI & Clinical Negligence weekly highlights—19 September 2024

This week's edition of PI & Clinical Negligence weekly highlights includes a High Court clinical negligence case on breach of duty of care and news of Lord Darzi’s report on the NHS. We also include our usual round up of other key cases and news.

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