Relevant bibliographies by topics / Remoteness of damage

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  1. Journal articles

Academic literature on the topic 'Remoteness of damage'

Author: Grafiati
Published: 4 June 2021
Last updated: 15 February 2022

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Journal articles on the topic "Remoteness of damage"

1

Stauch, Marc. "Risk and Remoteness of Damage in Negligence." Modern Law Review 64, no. 2 (2001): 191–214. http://dx.doi.org/10.1111/1468-2230.00316.

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2

Tingle, John. "Clinical negligence and causation and remoteness of damage." British Journal of Nursing 11, no. 22 (2002): 1472–74. http://dx.doi.org/10.12968/bjon.2002.11.22.10958.

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3

O'Sullivan, Janet. "Remoteness of damage in negligence: a rotten structure collapses." Cambridge Law Journal 58, no. 1 (1999): 1–48. http://dx.doi.org/10.1017/s000819739925101x.

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INThe Wagon Mound (No. 1) [1961] A.C. 388, Viscount Simmonds expressed the hope that, by replacing directness (and its attendant “insoluble” problem, the search for breaks in the chain of causation) with reasonable foreseeability as the test for remoteness of damage in negligence, “the law will be simplified and . . . palpable injustice will be avoided”. Lawyers have long recognised that the first of these aspirations has failed dismally. Regrettably, the Court of Appeal decision in Jolley v. Sutton London Borough Council [1998] 1 W.L.R. 1546 provides a stark example of failure on both counts.
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4

Cartwright, John. "Remoteness of Damage in Contract and Tort: A Reconsideration." Cambridge Law Journal 55, no. 3 (1996): 488–514. http://dx.doi.org/10.1017/s0008197300100480.

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The starting point for any rule of remoteness of damage is the familiar notion that a line must be drawn somewhere: it would be unacceptably harsh for every tortfeasor or contract breaker to be responsible for all the consequences which he has caused. We could, of course, just abandon any attempt to formulate rules for this area, and look to the judge's pragmatic discretion as to what is “fair” in the circumstances of the particular case: let it be simply a question of fact. Certainly, the question of where to draw the line on recoverability of consequential losses cannot be answered by a mathematically precise formula, and occasionally the judges are quite explicit that they are drawing the line on the facts of a case because they regard that as a “fair” solution.
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5

Hood, Parker. "Remoteness of Damage in Contract Revisited: Balfour Beatty v Scottish Power." Edinburgh Law Review 1, no. 1 (1996): 127–35. http://dx.doi.org/10.3366/elr.1996.1.1.127.

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6

Tettenborn, Andrew. "Property Damage and Economic Loss: Should Claims by Property Owners Themselves Be Limited?" Common Law World Review 34, no. 2 (2005): 128–43. http://dx.doi.org/10.1350/clwr.34.2.128.65367.

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This article takes a fresh look at the ‘economic loss rule’ in torts concerning damage or destruction of property: that is, the rule that while the owner of the damaged property can claim for all consequential losses subject only to remoteness limitations, claims by others for losses they suffer as a result of the damage are severely limited. The problems of anomaly and arbitrariness caused by the rule are well documented. The argument put forward here, however, is that these problems arise not so much because the non-owner has too few rights, but rather because the owner has too many. My conclusion is that the unquestioned right of the owner to claim for consequential losses needs to be substantially constricted, and that all claims for consequential loss resulting from property damage should be subject to the same searching ‘duty of care’ analysis, whatever the status of the claimant may be.
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7

Kidner, Richard. "Remoteness of damage: the duty-interest theory and the re-interpretation or the Wagon Mound." Legal Studies 9, no. 1 (1989): 1–15. http://dx.doi.org/10.1111/j.1748-121x.1989.tb00383.x.

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‘The principle of elegance’ means that the law should be internally consistent with itself, and while it is in no sense an overriding principle it is preferable that rules should be logical rather than illogical within the parameters of the system. The principle cannot of course be an absolute one for there is nothing wrong with inelegance if the state ofaffairs comes about for good reasons of pragmatism or policy. However a consequence of the principle is that where in practical terms the rules of law become inelegant or dislocated, the situation should not be resolved by covering up the disjunction that has occurred by a bland generalisation which hides what is truly happening. The situation arises because of the continual struggle between principle and practical justice, and where a gap opens between the two, the principle of elegance suggests (but does not require) that the problem should be resolved, usually by refining principle to take account of variations of practice and developments of theory. In this way the cases and principles derived from them are re-interpreted or re-defined so as to re-establish a consistent system.
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8

Deviatko, Inna F., and Kirill A. Gavrilov. "Causality and Blame Judgments of Negative Side Effects of Actions May Differ for Different Institutional Domains." SAGE Open 10, no. 4 (2020): 215824402097094. http://dx.doi.org/10.1177/2158244020970942.

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Cognitive factors are known to influence lay assessments of causality and blame for negative side effects of intentional actions but specific social determinants of such assessments remain relatively unexplored. In a full-factorial, intraindividual experiment using two blocks of analogous vignettes constructed for two particular institutional action domains (“medical” and “corporate dress code”), we tested the propositions that causality and blame judgments differ between (a) domains and depend on (b) the type of action originator; (c) the type of damage; and (d) the “remoteness” of damage from the originator. Our data demonstrate a significant difference between two institutional action domains: actors in “medical”-related vignettes are generally estimated to be more causally effective and blameworthy than actors in “dress code”–related vignettes. In addition to the pronounced main effects of institutional domain as a factor influencing cause and blame judgments, we revealed few significant interaction effects of the latter with other experimental factors used for vignettes construction.
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9

Graham, Steve. "Recent pipeline repair tooling developments." APPEA Journal 49, no. 2 (2009): 588. http://dx.doi.org/10.1071/aj08061.

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Recent events in Australia have focussed attention on the area of pipeline repair. This is historically a largely overlooked discipline, however, the results of failing to make adequate preparation may be significant. A number of tooling systems have been developed that provide intervention capability for the event of pipeline damage. In particular, several pipeline clamp designs have been developed for both high and low pressure applications, in addition to other intervention equipment. This has been supplemented by in-field experience of several of these systems. Additionally, a unique mechanical pipeline connection system for clad and lined pipes is now undergoing development. There are a number of issues concerning pipeline repair that are particular to Australian waters including: remoteness from the main marine centres, vessel and equipment mobilisation, metocean conditions and the nature of the local pipeline infrastructure. This presentation reviews the above concerns in light of pipeline repair philosophies and discusses the innovative technology that is being developed to assist in meeting the local challenges.
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10

Smirnova, Tatiana S., Elena A. Mazlova, Olga A. Kulikova, Ilya M. Ostrovkin, Adam M. Gonopolsky, and Kristina V. Cheloznova. "CHEMICAL AND BIOLOGICAL INDICATORS FOR EVALUATION OF ARCTIC SOIL DEGRADATION AND ITS POTENTIAL TO REMEDIATION." Journal of Environmental Engineering and Landscape Management 29, no. 1 (2021): 33–39. http://dx.doi.org/10.3846/jeelm.2021.14366.

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In recent years, significant efforts have been made to accelerate the economic development of the Arctic zone, leading to intense environmental pollution of this region, accompanied by the significant impact of accumulated environmental damage in the region. The solution to these problems is difficult due to the remoteness of these areas and severe climatic conditions. Therefore, it is important to evaluate the potential for restoration of arctic soils. For this purpose, various indicators are used, including biological ones. In the analyzed arctic soil samples, high concentrations of petroleum hydrocarbons (up to 47,000 mg/kg) and chloride-ions (0.10–0.14 wt %) were established. Microbioassay demonstrated a presence of hydrocarbon-oxidizing microorganisms: Penicillium, Azotobacter chroococcum, Bacillus subtilis, Pseudomonas oleovorans. A low enzymatic activity and specific Arctic climate point out a low self-restoration ability of the soil, demonstrated the need for its remediation. The microbioassay with microbial strains identification and soil remediation methods suitable for the Arctic zone were recommended.
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