Remoteness
In law, the term ‘remoteness’ refers to the test of causation which is used to determine the type of loss caused by a breach of contract.
A claim for damages can only succeed if the damage is not too remote. Damage which is too remote is not recoverable, even if there is there is clear causation between the breach of contract and the loss.
If, at the time the contract was entered into, the parties ought reasonably to have been able to foresee that the loss would be likely to occur, then the damage is not too remote.
In contract, the test for remoteness was described in the case of Hadley v Baxendale [1854] and falls into two parts – firstly, the knowledge of what happens ‘in the ordinary course of things’; and secondly, actual knowledge of special or unusual circumstances outside the ‘ordinary course of things’. For more information, see Hadley v Baxendale.
In tort, the test is whether the kind of damage incurred was reasonably foreseeable at the time on the part of the defendant.
For more information, see Heron II.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Designing for neurodiversity: driving change for the better
Accessible inclusive design translated into reality.
RIBA detailed response to Grenfell Inquiry Phase 2 report
Briefing notes following its initial 4 September response.
Approved Document B: Fire Safety from March
Current and future changes with historical documentation.
A New Year, a new look for BSRIA
As phase 1 of the BSRIA Living Laboratory is completed.
A must-attend event for the architecture industry.
Caroline Gumble to step down as CIOB CEO in 2025
After transformative tenure take on a leadership role within the engineering sector.
RIDDOR and the provisional statistics for 2023 / 2024
Work related deaths; over 50 percent from constructuon and 50 percent recorded as fall from height.
Solar PV company fined for health and safety failure
Work at height not properly planned and failure to take suitable steps to prevent a fall.
The term value when assessing the viability of developments
Consultation on the compulsory purchase process, compensation reforms and potential removal of hope value.
Trees are part of the history of how places have developed.
The increasing costs of repair and remediation
Highlighted by regulator of social housing, as acceleration plan continues.
Free topic guide on mould in buildings
The new TG 26/2024 published by BSRIA.
Greater control for LAs over private rental selective licensing
A brief explanation of changes with the NRLA response.
Practice costs for architectural technologists
Salary standards and working out what you’re worth.
The Health and Safety Executive at 50
And over 200 years of Operational Safety and Health.
Thermal imaging surveys a brief intro
Thermal Imaging of Buildings; a pocket guide BG 72/2017.