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The Courts have struggled where the claimant’s loss has been made larger by another, unrelated event. One way the Court’s have dealt with this problem is by defining the scope of the duty. The Court’s have said that the duty must be linked to and in respect of the kind of loss suffered.

Cases

SAAMCO [1997]
Lord Hoffmann introduced the concept of the ‘scope of the duty’: the claimant must show the defendant owed a duty of care in respect of the loss suffered.

BPE Solicitors v Hughes-Holland [1997]
In BPE Solicitors v Hughes-Holland, Lord Sumption reviewed the ‘scope of the duty’ principle as outlined by Lord Hoffmann in SAAMCO. He concluded the principle was (1) separate to causation and …

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