Answer in 150 words. Support your answer with relevant legal provisions and judicial pronouncements:
"Doctrine of foreseeability', not the 'proximity', is a correct test of 'remoteness'." Explain with the help of case-laws.
The principle of remoteness of damages in tort defines the boundary of liability for wrongful acts. Initially, the test in Re Polemis & Furness, Withy & Co Ltd (1921) imposed liability for all direct consequences of negligence, regardless of whether they were foreseeable. This approach was criticized as excessively broad, exposing defendants to unpredictable liability.
The modern position is shaped by Overseas Tankship (UK) Ltd v Morts Dock and Engineering Co Ltd (The Wagon Mound No. 1, 1961). The Privy Council held that a defendant is liable only for those types of damage that are reasonably foreseeable. Thus, foreseeability of the kind of harm is essential, though its precise extent or manner of occurrence need not be foreseen.
This shift reflects a more equitable balance, ensuring liability aligns with reasonable expectations of risk. Foreseeability, therefore, stands as the dominant test, replacing the older doctrine of directness.
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