n South African Law Journal - Remoteness in contract : under revision in the House of Lords too? : notes

Volume 129, Issue 2
  • ISSN : 0258-2503
  • E-ISSN: 1996-2177



Liability for consequential losses in the law of contract has traditionally been limited by a peculiar contractual view of legal causation, or remoteness. Hence while a particular breach of contract may be the factual ('but for') cause of a particular item of damage, that item may be deemed to be too remote to warrant a claim for compensation. The traditional test used in the remoteness inquiry was adopted by the Appellate Division in 1931 AD 156 (see further the less expansive adoption of a contemplation principle with regard to damages in 1915 AD 1 at 22). In the main judgment given in , Curlewis JA imported the English law approach to remoteness, the so-called 'rule in ' ((1854) 9 Exch 341. This rule was adopted in supra by Curlewis JA at 162-4 and by Wessels JA (for the majority) at 174).

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