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
Local leaders gain new powers to support local high streets
High Street Rental Auctions to be introduced from December.
Infrastructure sector posts second gain for October
With a boost for housebuilder and commercial developer contract awards.
Sustainable construction design teams survey
Shaping the Future of Sustainable Design: Your Voice Matters.
COP29; impacts of construction and updates
Amid criticism, open letters and calls for reform.
The properties of conservation rooflights
Things to consider when choosing the right product.
Adapting to meet changing needs.
London Build: A festival of construction
Co-located with the London Build Fire & Security Expo.
Tasked with locating groups of 10,000 homes with opportunity.
Delivering radical reform in the UK energy market
What are the benefits, barriers and underlying principles.
Information Management Initiative IMI
Building sector-transforming capabilities in emerging technologies.
Recent study of UK households reveals chilling home truths
Poor insulation, EPC knowledge and lack of understanding as to what retrofit might offer.
Embodied Carbon in the Built Environment
Overview, regulations, detail calculations and much more.
Why the construction sector must embrace workplace mental health support
Let’s talk; more importantly now, than ever.
Ensuring the trustworthiness of AI systems
A key growth area, including impacts for construction.
Foundations for the Future: A new model for social housing
To create a social housing pipeline, that reduces the need for continuous government funding.
Mutual Investment Models or MIMs
PPP or PFI, enhanced for public interest by the Welsh Government.
Key points and relevance to construction of meeting, due to reconvene.