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Question

What remoteness of damage mean in relation to liability of defendant ?

The correct answer is
Liable in Law only for consequences which are not remote.

Remoteness of Damage and Defendant Liability

Remoteness of damage is a legal concept that determines the extent to which a defendant should be held liable for the consequences resulting from their wrongful acts (tortious acts).

Essentially, it acts as a limit on liability. The law recognizes that while a defendant's act may have caused a chain of events, they should not be held responsible for consequences that are too far removed or unrelated to their original wrongdoing.

The Core Rule:

  • A defendant is liable in law only for consequences that are not remote.

This means there must be a sufficient connection between the defendant's act and the damage suffered. If the damage is considered too remote, the defendant will not be held legally responsible for it, even if their action was the initial cause.

This principle ensures that liability is fair and predictable. While specific tests like 'foreseeability' or 'directness' are applied to determine if damage is remote, the fundamental rule remains that liability is restricted to non-remote consequences.

Therefore, the statement "Liable in Law only for consequences which are not remote" accurately defines the meaning of remoteness in relation to a defendant's liability.

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Important Questions from Law of Torts and Consumer Protection

  1. Match the LIST-I with LIST-II
     

    List – ICase LawList – IIConcept
    AAshby v/s WhiteIIViolation of absolute right
    BRylands v/s FletcherIIIStrict liability
    COlga Tellis v/s Bombay Municipal Corp.IPoverty as an involuntary act under Tort
    DAllen v/s FloodIVMotive is irrelevant in Tort





    Choose the correct answer from the options given below:

     

  2. Which of the following case decided by the Supreme Court of India deals with the concept of 'Public Wrong'
    under Tort?
  3. Match the LIST-I with LIST-II
    LIST-I
    (Theory)
    LIST-II
    (Propounder)
    A. Pigeon Hole TheoryI. William Prosser
    B. Neighbour RuleII. Wenfield
    C. Tort is Social EngineeringIII. Lord Atkin
    D. Use of phrase 'Law of Tort'IV. Salmond

    Choose the correct answer from the options given below:
  4. Doctrine of Common Employment' has the origin in which of the following case?
  5. A philosophy of punishments that aims to prevent criminal activity through the development and application of effective sanctions is called:
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