Subclause 16(2) just eliminates the argument altogether. We're just not going to cover that kind of damage. In subclause 16(1), for example, and throughout, when we're talking about types of compensable damage, a court would look at remoteness in deciding whether it was something that was worthy of compensation, just as they do in an ordinary tort law case.
On November 25th, 2009. See this statement in context.