What is the remoteness of damage in determining whether a person’s negligence causes it to happen?
Saskatchewan, Canada
The following excerpt is from Canadian National Railway Company v. Saskatchewan Wheat Pool and McCaffrey, 1986 CanLII 2901 (SK QB):
On the general subject of remoteness of damage Denning, L.J., once said in Roe v. Ministry of Health, [1954] 2 All E.R. 131, at p. 138: “The three questions, duty, causation, and remoteness, run continually into one another. It seems to me that they are simply three different ways of looking at one and the same question which is this: Is the consequence fairly to be regarded as within the risk created by the negligence? If so, the negligent person is liable for it: but otherwise not ... . Instead of asking three questions, I should have thought in many cases it would be simple and better to ask the one question: Is the consequence within the risk? and to answer it by applying ordinary plain common sense.”
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