REPORT ON DAMAGES

Report on Damages

Report on Damages

* In perhaps one of most important dissident in modern tort law, Justice Andrews in Palsgraf expresses what has become matrix for measuring scope of duty and their relation to causation in relation to negligence claims. In essence, formulation of Justice Andrews is an examination of appropriate test for next (or legal) cause - third element in formula for tort law (duty, breach, causation and damage).

* As for negligence, Andrews first question: "[e] s is the relative concept - breach of duty because the certain person or persons in particular? As Justice Andrews notes that ...