Remoteness of damage / Foreseeability of damages Remoteness of damage relates to the requirement that the damage must be of a foreseeable type. In negligence claims‚ once the claimant has established that the defendant owes them a duty of care and is in breach of that duty which has caused damage‚ they must also demonstrate that the damage was not too remote. Remoteness of damage must also be applied to claims under the Occupiers Liability Acts and also to nuisance claims. Remoteness of damage is
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Evershed MR says to allow P to claim for damage that merely “would have” been caused by D in other circumstances is absurd: suppose A chips my windscreen so I have to get a new one and then you chip it: surely you shouldn’t compensate me because there is no extra damage caused by your action. Baker v Willoughby [1970] AC 467 (NB CONFINED TO CASES OF TWO TORTIOUS ACTS BY JOBLING): P walked into the middle of the road and D‚ driving‚ ran into him‚ causing damage to P’s leg. They both saw each other
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LORD PEARSON [Delivered by LORD REID] This is an appeal from a judgment of Walsh J. dated 10th October 1963 in the Supreme Court of New South V/ales in commercial cases by which he awarded to the respondents sums of £80‚000 and £1‚000 in respect of damage from fire sustained by their vessels ."Corrimal " and" Audrey D" on 1st November 1951. These vessels were then at Sheerlegs Wharf‚ Morts Bay‚ in Sydney Harbour undergoing repairs. The appellant was charterer by demise of a vessel. the "Wagon Mound"
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The Damage of Rollkur Over 80% of dressage and show jumping equines have damage in their necks due to Rollkur. But what exactly is rollkur? Rollkur is a German word meaning hyperflexion in a horse’s neck‚ most prominent in dressage and showjumping‚ but is also found in almost every other discipline. Equestrians need to understand the difference between being “on-the-bit” and hyperflexion. A picture of Rollkur in a dressage event. Picture By Theresa Sandin-Sustainable Dressage. There
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Introduction of damages – Tashishana Sam General damages – Tumusiime Clare Special damages – Apili Charity Nominal damages – Nambooze Gladys Contemptuous damages – Akiteng Doreen Punitive damages – Tumusiime Clare Contemptuous damages – Akiteng Doreen Exemplary damages – Abaho Elizabeth Liquidated damages – Abaho Elizabeth Unliquidated damages – kayesu Claire Speculative‚ ordinary‚ damage for loss of reputation and aggravated damages. Damages These are compensation
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plaintiff‚ once it is established that the loss sustained by the plaintiff is one recoverable in negligence. The test of remoteness of damage limits this liability by defining certain types of damage or losses as being irrecoverable as a matter of law. The test is carried out to protect the defendant in breach of their obligations from unusual or unexpected claims. The test for remoteness was for some time considered to be that laid down in Re Polemis and Furness‚ Withy & Co. Ltd where it was held that
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Damages Compensation for causing loss or injury through negligence or a deliberate act‚ or a court’s estimate or award of a sum as a fine for breach of a contract or of a statutory duty. Types of damages include (1) General: damages that are presumed in law and follow indirectly from a wrong. They need not be specifically-claimed or proved to have been sustained‚ and are awarded also where an injury or loss (such as physical pain and mental anguish) cannot be precisely estimated. (2) Special (or
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Negligence Causation And Remoteness Revision The following is a plain text extract of the PDF sample above‚ taken from our Tort I (Intentional & Negligence) Notes. This text version has had its formatting removed so pay attention to its contents alone rather than its presentation. The version you download will have its original formatting intact and so will be much prettier to look at. Causation & Remoteness Causation According to CLA s 5E‚ plaintiff bears onus of proof of causation. • At common
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members of the public are no longer allowed to climb the Qutub Minar. Over the years the Qutub Minar has seen its fair share of problems with the top being damaged by lightening at one time‚ and structural damage due to earthquakes over time. Thankfully‚ it has been repaired as and when the damage occurred and as a result it remains a marvel for generations to see.The entire Qutub Minar complex is a well maintained property with lush gardens. The guides do not harass and an official audio tour is available
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IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (NO.) 22337 OF 2008 IN THE MATTER OF: BAR COUNCIL OF INDIA … PETITIONER … RESPONDENTS VERSUS BONNIE FOI LAW COLLEGE & ORS. ____________________________________________________ FINAL REPORT OF THE 3-MEMBER COMMITTEE ON REFORM OF LEGAL EDUCATION ____________________________________________________ Pursuant to orders of the Supreme Court dated June 29‚ 2009 and October 6‚ 2009 and as approved
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