The Test of Remoteness in the Tort of Negligence.

The law places a limit upon the extent to which the defendant is liable for the loss which occurs from his breach of a duty of care to the plaintiff, once it is established that the loss sustained by the plaintiff is one recoverable in negligence. The test of remoteness of damage limits this liability by defining certain types of damage or losses as being irrecoverable as a matter of law. The test is carried …

…therefore foreseeability as a test of remoteness is qualified by the fact that either the precise extent of the damage nor the precise manner of its infliction need be foreseeable. The test for remoteness of foreseeability is also affected by policy-based rules which are used to limit responsibility such as "scope of risk" test Roe v Minister of Health and protected claimants such as unborn children, protected under Section 1 of the Congenital Disabilities (Civil Liability) 1976.