Definition:
Remoteness of consequence refers to the principle in tort law where an individual may not be held accountable for all the negative outcomes that occurred as a result of their wrongful actions. If the harm is deemed too distant from their actions, they cannot be held liable for it.
The legal term “remoteness of consequence” is used in torts to refer to the lack of proximate causation between a defendant’s alleged act and the harm suffered by the plaintiff. Even if all other elements for tortious liability are proven by the plaintiff, the defendant cannot be held liable if the harm suffered is too far removed from their conduct. This is also referred to as “remoteness of damage”. For instance, if a driver runs a red light and causes another driver to suffer a broken arm, but the latter contracts a rare and deadly virus while receiving medical treatment at the hospital and dies, the driver who ran the red light may only be liable for the broken arm, not for the death of the other driver. This is because the harm suffered by the plaintiff (death from a rare virus) was too far removed from the defendant’s conduct (running a red light) to establish proximate causation. The defendant may be held liable for the broken arm, which was a direct result of running the red light, but not for the unforeseeable consequence of the other driver’s death.
Remoteness of consequence refers to the principle that a defendant can only be held liable for the reasonably foreseeable consequences of their actions or omissions.
In negligence cases, the defendant can only be held liable for the harm that was reasonably foreseeable as a result of their negligence. If the harm suffered by the plaintiff was too remote or unforeseeable, the defendant may not be held responsible.
Factors such as the defendant’s knowledge, the proximity of the harm to the defendant’s actions, and the likelihood of the harm occurring are considered in determining whether harm is reasonably foreseeable.
No, a defendant cannot be held liable for unforeseeable consequences even if they were negligent. The harm must be reasonably foreseeable for the defendant to be held responsible.
Yes, a defendant can be held liable for harm caused by a third party if it was a reasonably foreseeable consequence of the defendant’s actions. The defendant’s negligence must have contributed to the harm.
Generally, a defendant cannot be held liable for economic loss that is too remote. Economic loss must be reasonably foreseeable and directly caused by the defendant’s actions or omissions to be compensable.
In contract law, the concept of remoteness of consequence limits the damages that a party can claim for a breach of contract. The damages must be reasonably foreseeable and within the contemplation of the parties at the time of entering into the contract.
Emotional distress can be compensable if it was a reasonably foreseeable consequence of the defendant’s actions. However, the courts may apply a stricter standard for emotional distress claims, requiring a higher degree of foreseeability.
If the intervening event was unforeseeable and breaks the chain of causation between the defendant’s actions and the harm suffered, the defendant may not be held liable. However, if the intervening event was reasonably foreseeable, the defendant may still be held responsible.
The concept of remoteness of consequence ensures that defendants are not held liable for harm that is too remote or unforeseeable. This protects defendants from being burdened with excessive liability and promotes fairness in the legal system.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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