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损失的遥远性

名词

neolog

remoteness

noun

Comparative law notes

China

Chinese law does not have a distinct a concept of remoteness of loss as do the common law jurisdictions, where the wrongdoer shall compensate the innocent party for all losses suffered, but it will not go beyond what the wrongdoer foresaw or should have foreseen.

Definitions of remoteness

English

(COMMON LAW) a set of rules that limit the amount of compensatory damages for a wrong in contract and tort. A defendant will only be held liable if it can be shown that the defendant was the cause in fact and that the loss or damage sustained by the claimant was not too remote.

Henderson v Merrett Syndicates Ltd [1995] 2 AC 145, Lord Goff, 185, 'the rules as to remoteness of damage… are less restricted in tort than they are in contract'.