Tort. Causation and remoteness of damage Essay Example | Topics and Well Written Essays - 2250 words

Tort. Causation and remoteness of damage - Essay Example The concept appears simple, but proving the chain of causation between the violation of a duty by the defendant and the resulting injury upon the claimant’s person or property can sometimes be extremely hard. Nonetheless, the fundamental test is to establish whether the harm would have taken happened without the defendant’s violation of the responsibility owed to the aggrieved party. This paper examines causation and remoteness as the primary tests for proving negligence claims. Negligence claims for tort have become increasingly common in modern societies because they safeguard the interests of parties and prevent personal injury upon other persons (Abraham, 2013). In such cases, if the negligent acts of an accused party are found to have attracted other material costs to the claimant, then the former party can be liable for the additional costs of harm as well. According to Stauch (2001), Asbestos negligence proceedings which have been instituted for many decades are based upon the concept of causation. The claims are normally interwoven with the ordinary concept of an individual or party causing injury to others through soared insurance bills, medical, or operational costs among other compensable claims. With hefty compensations for such injuries seemingly secondary losses, some defendants have been severely affected by the negative economic impacts.