CONTRACT AND TORT LAW

Contract and Tort Law

Contract and Tort Law

Remoteness of damage definition

This term states that the damage must be foreseeable type. In case of negligence, once the claimant establishes that the defendant owes them a duty of care and in case it is breached, they must demonstrate that the damage was not remote. Remoteness of damage must be applied to the claims under Occupiers Acts and also to the nuisance claims.

Principles in tort and contract law

Causation can be defined as a causal relationship which exist between conduct and results. The cause connects the conduct with the final resulting effect. It is typically expressed in case of injury. In law, it is defined as an action from which the other effect arose because of state of mind comprising the elements of guilt. It is only applicable after the achievement of result.

In case of the law of negligence, foreseeability is the aspect which deals with the immediate cause or it can be described as a condition if the person who acts although he knows that his act would affect other's. It can be in the case of any act or regardless of the actors actual event comprising of the causation of injuries (Borrows, 2008).

Jackson v Royal Bank of Scotland plc (Lord Hope of Craighead and Lord Rodger of Earlsferry)

He appealed about the damages of the business partnership as considering the case of Jackson v Royal Bank of Scotland plc. The damages should be awarded to the partnership it was because of breach of contract that occurred when the business of the customer was terminated. This resulted in further loss of opportunity to earn further profits from the relationship. It clearly raises the issues about the remoteness of damage where damages claimed occur as a result of breach of contract. The claimant of this case was James Jackson and Barrie Stewart Davies who were in business partnership. Their partnership was under the name of Samson who imported goods from Far East areas. The customer under this partnership was Economy Bag. The bankers to both these were the Royal Bank of Scotland plc. It is considered as the respondent in this appeal.

Jackson v Royal Bank of Scotland plc was an English contract law case, which concerns remoteness of damage. They both had the same bank, the Royal Bank of Scotland. It was that by mistake, RBS sent Economy Bag a document showing that Jackson was making a 19% mark up on every transaction.The judicial remedy for breach of contract Jackson v Royal Bank of Scotland was mainly the monetary damages that incur. Therefore, if any party fails to fulfill the promise and money cannot serve the damages, the business needs to approach the court and enter an equity decree after which the court announces the decision. The business party that aggrieves can mitigate or decrease the damages reasonably. However, the damaged that relates to liquidity limits. The disciplinary damages are not awarded in case of breach of contract, but they ...