Reassessing Remoteness of Damage in Tort

Abstract Remoteness of damage in tort is nowadays a largely neglected topic among tort law jurists. Yet why this should be so is perplexing: not just because remoteness rules possess considerable theoretical and practical significance, but also because the law lacks clarity—there being several different tort remoteness rules in operation—and because the theoretical justifications that are frequently offered in support of these various rules fail to withstand rigorous analysis. This article seeks to explore these matters. In particular, it aims to expose the shortcomings of the rationales for the various remoteness rules that we have, and to advocate a way forward that would render the law simpler, clearer and more defensible.