In the later Court of Appeal decision, H Parsons (Livestock) Ltd v Uttley Ingham & Co Ltd [1978] QB 791, Lord Denning MR suggested that the tests in contract and tort were the same, at least as far as physical damage is concerned. Although the other members of the court did not endorse this suggestion, the court's overall approach is quite tort-like in the sense that it holds that, [...]. Applying this approach, it was held that, once the defendants could reasonably anticipate that the claimants' pigs might get ill (and die) if they failed to install a food storage hopper so that it was properly ventilated, they were liable for the death of the pigs – that is, for all the many pigs that did die, and even though the particular disease that caused the death was rare. To avoid this result, the Court could have copied across the thinking in Victoria Laundry so that sub-types of pig illness and disease were differentiated, leading to less exposure for the defendants.
Answer
once a particular type of loss is within the parties' reasonable contemplation, all losses in that class are recoverable
Tags
#contract #law #remedies
Question
In the later Court of Appeal decision, H Parsons (Livestock) Ltd v Uttley Ingham & Co Ltd [1978] QB 791, Lord Denning MR suggested that the tests in contract and tort were the same, at least as far as physical damage is concerned. Although the other members of the court did not endorse this suggestion, the court's overall approach is quite tort-like in the sense that it holds that, [...]. Applying this approach, it was held that, once the defendants could reasonably anticipate that the claimants' pigs might get ill (and die) if they failed to install a food storage hopper so that it was properly ventilated, they were liable for the death of the pigs – that is, for all the many pigs that did die, and even though the particular disease that caused the death was rare. To avoid this result, the Court could have copied across the thinking in Victoria Laundry so that sub-types of pig illness and disease were differentiated, leading to less exposure for the defendants.
Answer
?
Tags
#contract #law #remedies
Question
In the later Court of Appeal decision, H Parsons (Livestock) Ltd v Uttley Ingham & Co Ltd [1978] QB 791, Lord Denning MR suggested that the tests in contract and tort were the same, at least as far as physical damage is concerned. Although the other members of the court did not endorse this suggestion, the court's overall approach is quite tort-like in the sense that it holds that, [...]. Applying this approach, it was held that, once the defendants could reasonably anticipate that the claimants' pigs might get ill (and die) if they failed to install a food storage hopper so that it was properly ventilated, they were liable for the death of the pigs – that is, for all the many pigs that did die, and even though the particular disease that caused the death was rare. To avoid this result, the Court could have copied across the thinking in Victoria Laundry so that sub-types of pig illness and disease were differentiated, leading to less exposure for the defendants.
Answer
once a particular type of loss is within the parties' reasonable contemplation, all losses in that class are recoverable
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Open it in contract and tort were the same, at least as far as physical damage is concerned. Although the other members of the court did not endorse this suggestion, the court's overall approach is quite tort-like in the sense that it holds that, <span>once a particular type of loss is within the parties' reasonable contemplation, all losses in that class are recoverable. Applying this approach, it was held that, once the defendants could reasonably anticipate that the claimants' pigs might get ill (and die) if they failed to install a food storage ho
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