Asked by Landon Busse on Jul 12, 2024
Verified
Explain under what circumstances the remoteness test can be used in a negligence action.
Remoteness Test
A legal principle used to determine if the damage suffered from a breach of contract or tort was foreseeable and therefore compensable.
Negligence Action
A legal proceeding initiated because someone failed to take reasonable care, resulting in harm or damage to another.
- Elucidate the legal prerequisites for a successful negligence lawsuit.
Verified Answer
KH
Kevin HuangJul 13, 2024
Final Answer :
Where some sort of injury or damage was reasonably foreseeable, but in fact the way that the injury took place was strange to the point of being completely unexpected, or unusual so that the type of damage itself was not foreseeable, then the injury may be too remote and therefore not actionable.
Learning Objectives
- Elucidate the legal prerequisites for a successful negligence lawsuit.