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Remoteness is the fourth limb of the negligence action, and represents the final opportunity for the court to circumscribe D’s liability. This element asks whether the damage complained of, although factually caused by D’s act or omission, was legally too remote. This principally (but not solely) involves an enquiry as to whether the kind or type of damage was reasonably foreseeable by D at the relevant time. As a general rule, D cannot be liable in law for damage that was not reasonably foreseeable.
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