References in periodicals archive ?
Reasonable foreseeability of the type of harm - not necessarily its extent - is the key inquiry when the remoteness of damage is assessed, and public policy considerations centering on fairness may also come into play.
Issues of remoteness of damage will unlikely feature in medical negligence, as virtually all physical and mental injuries including death are foreseeable in the setting of medical treatment, especially in patients with underlying vulnerabilities.
Rethinking the Remoteness of Damage Rule in Wagon Mound, 12 Tort Law Review 147 (2004).