Jump to ContentJump to Main Navigation
Torts and Rights$
Users without a subscription are not able to see the full content.

Robert Stevens

Print publication date: 2007

Print ISBN-13: 9780199211609

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199211609.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 16 January 2021



(p.152) 7 Remoteness
Torts and Rights

Robert Stevens

Oxford University Press

Sometimes labelled ‘proximate cause’ or ‘legal cause’, remoteness concerns the scope of responsibility for wrongdoing. The dominant approach is to apply a test of reasonable foreseeability to determine whether a loss is too remote. This chapter examines the inadequacies of this test both as an inclusionary and exclusionary rule, and the failure of the logic of the Wagon Mound (No 1) from which it is derived. When loss is coincidental to a wrong, and when it is outside of the scope of the purpose of the right relied upon, are also illustrated. When the chain of causation is broken by intervening conduct of third parties and the claimant himself is shown.

Keywords:   remoteness, proximate cause, legal cause, Wagon Mound, coincidental loss

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .