The Common Law of England
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7 H. L. at p 203 See Smith v. Green (1875), 1 0. P. D. 92 ; and Skinner v. City of London Insurance Co. (1885), 14 Q. B. D. 882. ,, „ ^. „o,o^ , ■1 Per Bramwell, L. J., in Hydraulic Engineering Co. v. McHaffie (1878), 4 Q. B. D. at p. 674.
* Chamberlains. Boyd (1883), 11 Q. B. D. 407.
6 Simpsmi v. L. ^ N. W. By. Co. (1876), 1 Q. B. D. 274.
6 The Columbus (1849), 3 W. Rob. 158 ; Shelboume ^ Co. v. Lmv, J^c, Insur- ance CorvOration, Ltd., 11898] 2 Q. B. 626.
' The Parana 1877) 2 P. J>. 118 ; The ...Netting Hill (1884), 9 P. D. 106 ; cf.
In re Smith a-nd Belfast CorporOlAfm, 11910] 2 Ii. R. 285. But there is bo rigid yule of law that damages for loss of market can never be recovered : Dunn v. Bucknall Bros., [1902] 2 K. B. 6U.
1296 DAMAGES AND THE MEASURE OF DAMAGES.
Where a carrier neglected to deliver to a contractor within a reasonable time a broken mill-shaft, which was to be forwarded as a pattern for a new one, and the plaintiffs could not in the meantime work their mill, it was held by the Court of Exchequer that the damage to the plaintiffs' trade and the consequent loss of profit was too remote to be recovered in an action against the carrier, because such damage could not have been fairly and reasonably contemplated by both parties at the time they entered into the contract.'- Again, in assessing the damages in an action of false imprison- ment the jury may take into their consideration all the indignities of the ordinary ■prison routine which the plaintiff has suffered, as, for instance, the fact that he was handcuffed or was compelled to have his hair cut short ; but" the defendant is not liable for any improper violence or excess on the part of the police.^ So the failure to pay a debt when it falls due may cause the destruction of the creditor's trade, and the debtor may know that his creditor is in danger of being ruined by such non-payment ; yet the true measure of xlamages is merely a reasonable compensation for the non-payment of the money, which, in the absence of any express stipulation in the contract, will be only the payment of interest at the usual rate.^ " If an agent who is bound to render an account and to pay over moneys to his principal at a particular time should omit so to do, whereby the principal should be unable to pay his debts or to fulfil his other contracts, and should stop payment and fail in business, or be injured in his general credit thereby, the agent would not be liable for such injury ; for it is but a remote or Accidental consequence of the negligence."* On the other hand, a plaintiff can recover for any loss, which he has in fact sustained, if it was, though not a certain, yet so probable a consequence of the defendant's act that a reasonable man ought to have foreseen it.
What to read after The Common Law of England?
You can find similar books in the "Read Also" column, or choose other free books by William Blake Odgers to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
7 H. L. at p 203 See Smith v. Green (1875), 1 0. P. D. 92 ; and Skinner v. City of London Insurance Co. (1885), 14 Q. B. D. 882. ,, „ ^. „o,o^ , ■1 Per Bramwell, L. J., in Hydraulic Engineering Co. v. McHaffie (1878), 4 Q. B. D. at p. 674.
* Chamberlains. Boyd (1883), 11 Q. B. D. 407.
6 Simpsmi v. L. ^ N. W. By. Co. (1876), 1 Q. B. D. 274.
6 The Columbus (1849), 3 W. Rob. 158 ; Shelboume ^ Co. v. Lmv, J^c, Insur- ance CorvOration, Ltd., 11898] 2 Q. B. 626.
' The Parana 1877) 2 P. J>. 118 ; The ...Netting Hill (1884), 9 P. D. 106 ; cf.
In re Smith a-nd Belfast CorporOlAfm, 11910] 2 Ii. R. 285. But there is bo rigid yule of law that damages for loss of market can never be recovered : Dunn v. Bucknall Bros., [1902] 2 K. B. 6U.
1296 DAMAGES AND THE MEASURE OF DAMAGES.
Where a carrier neglected to deliver to a contractor within a reasonable time a broken mill-shaft, which was to be forwarded as a pattern for a new one, and the plaintiffs could not in the meantime work their mill, it was held by the Court of Exchequer that the damage to the plaintiffs' trade and the consequent loss of profit was too remote to be recovered in an action against the carrier, because such damage could not have been fairly and reasonably contemplated by both parties at the time they entered into the contract.'- Again, in assessing the damages in an action of false imprison- ment the jury may take into their consideration all the indignities of the ordinary ■prison routine which the plaintiff has suffered, as, for instance, the fact that he was handcuffed or was compelled to have his hair cut short ; but" the defendant is not liable for any improper violence or excess on the part of the police.^ So the failure to pay a debt when it falls due may cause the destruction of the creditor's trade, and the debtor may know that his creditor is in danger of being ruined by such non-payment ; yet the true measure of xlamages is merely a reasonable compensation for the non-payment of the money, which, in the absence of any express stipulation in the contract, will be only the payment of interest at the usual rate.^ " If an agent who is bound to render an account and to pay over moneys to his principal at a particular time should omit so to do, whereby the principal should be unable to pay his debts or to fulfil his other contracts, and should stop payment and fail in business, or be injured in his general credit thereby, the agent would not be liable for such injury ; for it is but a remote or Accidental consequence of the negligence."* On the other hand, a plaintiff can recover for any loss, which he has in fact sustained, if it was, though not a certain, yet so probable a consequence of the defendant's act that a reasonable man ought to have foreseen it.
What to read after The Common Law of England?
You can find similar books in the "Read Also" column, or choose other free books by William Blake Odgers to read onlineMoreLess
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