Once you have established that a defendant's breach caused a claimant's loss, a second question follows: how far should liability actually stretch? The law does not make a careless defendant pay for every consequence, however bizarre or far-reaching. Remoteness, and the rules around recoverable loss, draw the line between damage the defendant must answer for and damage that falls outside their responsibility. For a solicitor advising on a claim, this is where liability turns into a number — and where many cases are won, lost, or settled.
This lesson walks you through that line, step by step:
- The Doctrine of Remoteness — what remoteness is, how it differs from factual causation, and the reasonable foreseeability test at its core.
- Applying the Foreseeability Test — separating type, manner, and extent of damage, and knowing which one must be foreseeable.
- Categories of Recoverable Loss — personal injury, property damage, and the sharp line between consequential and pure economic loss.
- Novus Actus Interveniens — when a later event is independent and potent enough to break the chain of causation.
- The Eggshell and Crumbling Skull Principles — taking the claimant as you find them, and where pre-existing conditions limit liability.
- Mitigation of Loss — the claimant's duty to limit their loss, and how it reduces recoverable damages.