(4) Remoteness - B. REMOTENESS OF DAMAGE P has to show that...

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B. REMOTENESS OF DAMAGE P has to show that the damage caused was a foreseeable type of damage. (“THE WAGON MOUND”) The damage must be “within the risk”. THE WAGON MOUND There are two approaches, the broad view and the narrow view. Depending on which view the court takes, the outcome could be different. However, the broad view is more widely accepted as opposed to the narrow view. The type of damage needs to be foreseeable, but the “precise concatenation of circumstances need not be envisaged.” HUGHES V LORD ADVOCATE As long as the type of damage is foreseeable, the extent of the damage does not have to be foreseeable. VACWELL ENGINEERING V BDH CHEMICALS For nervous shock, as long as physical damage is foreseeable, nervous shock is also recoverable. PAGE V SMITH (b) THE NARROW VIEW The way the damage was caused is important and can render the damage so different that it is not foreseeable. DOUGHTY V TURNER MANUFACTURING CO LTD
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This note was uploaded on 02/07/2012 for the course LGST 101 taught by Professor Hsu during the Spring '11 term at Singapore Management.

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(4) Remoteness - B. REMOTENESS OF DAMAGE P has to show that...

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