In the case of Hadley v Baxendale, the plaintiff, who was a mill owner, contracted with the defendant carrier to take a broken mill-shaft to the makers as a pattern for a new one. Owing to the carrier's neglect, there was a delay in the transport of the broken mill-shaft, which resulted in considerable losses for the mill owner because no spare shaft was available. Applying the above two stage test, the court held that [...](as a spare shaft would be available) so that it could not be said that the losses followed naturally from the breach. Nor were the defendants aware, at the time of the contract, of the circumstances, which meant that the mill would not be able to function at all without this particular shaft and so the loss could not 'reasonably be supposed to have been in the contemplation of both parties'. Therefore the losses were not recoverable.
Answer
in most cases of a breach of this kind, no such losses would have followed
Tags
#contract #law #remedies
Question
In the case of Hadley v Baxendale, the plaintiff, who was a mill owner, contracted with the defendant carrier to take a broken mill-shaft to the makers as a pattern for a new one. Owing to the carrier's neglect, there was a delay in the transport of the broken mill-shaft, which resulted in considerable losses for the mill owner because no spare shaft was available. Applying the above two stage test, the court held that [...](as a spare shaft would be available) so that it could not be said that the losses followed naturally from the breach. Nor were the defendants aware, at the time of the contract, of the circumstances, which meant that the mill would not be able to function at all without this particular shaft and so the loss could not 'reasonably be supposed to have been in the contemplation of both parties'. Therefore the losses were not recoverable.
Answer
?
Tags
#contract #law #remedies
Question
In the case of Hadley v Baxendale, the plaintiff, who was a mill owner, contracted with the defendant carrier to take a broken mill-shaft to the makers as a pattern for a new one. Owing to the carrier's neglect, there was a delay in the transport of the broken mill-shaft, which resulted in considerable losses for the mill owner because no spare shaft was available. Applying the above two stage test, the court held that [...](as a spare shaft would be available) so that it could not be said that the losses followed naturally from the breach. Nor were the defendants aware, at the time of the contract, of the circumstances, which meant that the mill would not be able to function at all without this particular shaft and so the loss could not 'reasonably be supposed to have been in the contemplation of both parties'. Therefore the losses were not recoverable.
Answer
in most cases of a breach of this kind, no such losses would have followed
If you want to change selection, open original toplevel document below and click on "Move attachment"
Parent (intermediate) annotation
Open it ng to the carrier's neglect, there was a delay in the transport of the broken mill-shaft, which resulted in considerable losses for the mill owner because no spare shaft was available. Applying the above two stage test, the court held that <span>in most cases of a breach of this kind, no such losses would have followed (as a spare shaft would be available) so that it could not be said that the losses followed naturally from the breach. Nor were the defendants aware, at the time of the contract, of th
Original toplevel document (pdf)
cannot see any pdfs
Summary
status
not learned
measured difficulty
37% [default]
last interval [days]
repetition number in this series
0
memorised on
scheduled repetition
scheduled repetition interval
last repetition or drill
Details
No repetitions
Discussion
Do you want to join discussion? Click here to log in or create user.