Remoteness
In law, the term ‘remoteness’ refers to the test of causation which is used to determine the type of loss caused by a breach of contract.
A claim for damages can only succeed if the damage is not too remote. Damage which is too remote is not recoverable, even if there is there is clear causation between the breach of contract and the loss.
If, at the time the contract was entered into, the parties ought reasonably to have been able to foresee that the loss would be likely to occur, then the damage is not too remote.
In contract, the test for remoteness was described in the case of Hadley v Baxendale [1854] and falls into two parts – firstly, the knowledge of what happens ‘in the ordinary course of things’; and secondly, actual knowledge of special or unusual circumstances outside the ‘ordinary course of things’. For more information, see Hadley v Baxendale.
In tort, the test is whether the kind of damage incurred was reasonably foreseeable at the time on the part of the defendant.
For more information, see Heron II.
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Change of use legislation breaths new life into buildings
A run down on Class MA of the General Permitted Development Order.
Solar generation in the historic environment
Success requires understanding each site in detail.
Level 6 Design, Construction and Management BSc
CIOB launches first-ever degree programme to develop the next generation of construction leaders.
Open for business as of April, with its 2026 prospectus and new pipeline of housing schemes.
The operational value of workforce health
Keeping projects moving. Incorporating unplanned absence and the importance of health, in operations.
A carbon case for indigenous slate
UK slate can offer clear embodied carbon advantages.
Costs and insolvencies mount for SMEs, despite growth
Construction sector under insolvency and wage bill pressure in part linked to National Insurance, says report.
The place for vitrified clay pipes in modern infrastructure
Why vitrified clay pipes are reclaiming their role in built projects.
Research by construction PR consultancy LMC published.
Roles and responsibilities of domestic clients
ACA Safety in Construction guide for domestic clients.
Fire door compliance in UK commercial buildings
Architect and manufacturer gives their low down.
The new towns and strategic environmental assessments
12 locations of the New Towns Taskforce reduced to 7 within the new towns draft programme and open consultation.
Buildings that changed the future of architecture. Book review.