In the law of Negligence, the foreseeability aspect of proximate cause—the event which is the primary cause of the injury—is established by proof that the actor, as a person of ordinary intelligence and circumspection, should reasonably have foreseen that … Smith v Leech Brain & Co [1962] 2 QB 405 is a landmark English tort law case in negligence, concerning remoteness of damage or causation in law. University. Foreseeability is also relevant to standard of care (that is, to the question of whether a duty of care has been breached) and to remoteness of damage. After reading the whole case, I think, there are 4 events may cause … we might edit this sample to provide you with a plagiarism-free paper, Service 47 Bergen St--Floor 3, Brooklyn, NY 11201, USA, Sorry, but copying text is forbidden on this This is often referred to as "but-for" causation, meaning that, but for the defendant's actions, the plaintiff's injury would not have occurred. The court assumed, arguendo, that Dr. Wanger's negligence was established. The Court dismissed his claim, and discussed the area of law of remoteness and reasonable foreseeability. There are several competing theories of proximate cause (see Other factors ). In English law, remoteness is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong. A car dealership employee left a vehicle unattended on dealership property with the engine running for 40 minutes. It is also relevant for English criminal law and English contract law.. Despite this, the remoteness of damage is still helpful in creating a coherent principle and probably more so than the proximity of relationship test. (Note, the test of reasonable foreseeability as applied to the remoteness inquiry differs from the test of reasonable foreseeability applied in relation to duty of care, and breach.) 3. Tutorial 2 pdf - negligence: standard of care, damage, causation and remoteness. Therefore, perhaps the landmark decision of Donoghue v Stevenson was too crude a test that does not appreciate the diverse nature of circumstances. D contracted to install new part. Under the traditional rules of legal duty in negligence cases, a plaintiff must prove that the defendant's actions were the actual cause of the plaintiff's injury. The last part of the test prevents the judges from being forced to make a decision that may be particularly unjust to one party. Don't have Lexis Advance Quicklaw? The first element, cause-in-fact, is fairly straightforward. Corporation: 2-5 In-House Counsel Can it adequately distinguish situations which should give rise to liability from those which should not? Federal Government tort the standard of care in breach of duty must first establish duty of care before asking if it was breached establishing breach of duty involves showing that. 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