4. General Negligence: REMOTENESS

Question 1

REMOTENESS

Answer 1

D will only be liable if the damage caused is REASONABLY FORESEEABLE (Wagon Mound (No. 1)).

ONLY the TYPE of damage, not the way in which it occurs must be foreseeable (Hughes v Lord Advocate).

Provided that the TYPE of damage is FORESEEABLE:

• PROBABILITY that that type of damage will occur is irrelevant (Overseas Tankship v Miller Steamship; Wagon Mound (No. 2)).
• EXTENT of damage need not be foreseen, even where it is excessive (Vacwell Engineering v BDH Chemicals)

Is IRRELEVANT whether C’s condition, which can include poverty (Lagden v O’Connor), exacerbates the damage D caused. Victims must be taken as they are found (Smith v Leech Brain; Robinson v The Post Office)