Here, a collision occurred between two cars, one being the plaintiff’s Rolls Royce, as a result of the negligence of the other driver. The damage to the Rolls Royce required a respray of the whole car to remedy it. Two weeks later, a second collision between the same Rolls Royce and a different car, driven by the defendant, caused similar damage which also required a respray to repair it. The Court of Appeal concluded that, as the requirement for a respray already existed before the second collision, there was effectively no damage arising from that second collision.
Tags
#causation #law #negligence #tort
Question
Performance Cars v Abraham [1962] 1 QB 33
Answer
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Tags
#causation #law #negligence #tort
Question
Performance Cars v Abraham [1962] 1 QB 33
Answer
Here, a collision occurred between two cars, one being the plaintiff’s Rolls Royce, as a result of the negligence of the other driver. The damage to the Rolls Royce required a respray of the whole car to remedy it. Two weeks later, a second collision between the same Rolls Royce and a different car, driven by the defendant, caused similar damage which also required a respray to repair it. The Court of Appeal concluded that, as the requirement for a respray already existed before the second collision, there was effectively no damage arising from that second collision.
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Parent (intermediate) annotation
Open it A straightforward example of this can be found in the case of Performance Cars v Abraham [1962] 1 QB 33. Here, a collision occurred between two cars, one being the plaintiff’s Rolls Royce, as a result of the negligence of the other driver. The damage to the Rolls Royce required a respra
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