A machine, a fragmentiser was broken. The defendant had supplied unsuitable scrap to be fed into the machine in breach of contract. The rotor had broken which would normally have had a life of 7 years of which it had nearly four years to run. The defendant said that the claimant should get only a proportion of the cost of a new rotor, reflecting the remaining life of the damaged rotor.
Held: The claimant was entitled to the full cost of a new rotor. ‘In my view the law will not place this burden on the plaintiff to relieve the defendant from some of the unavoidable consequences of their wrong. I consider the plaintiff is entitled to recover the whole cost of the replacement rotor.’
Judges:
Cantley J
Citations:
[1982] 1 All ER 397
Citing:
Cited – The Gazelle 1844
A vessel was damaged by collision. What was the amount to be paid to the owners of the damaged vessel for its repair?
Held: The measure of the indemnification to which the owner of the damaged vessel was entitled was co-extensive with the . .
Cited – Harbutt’s Plasticine Ltd v Wayne Tank and Pump Co Ltd CA 1970
The plaintiffs’ factory in an old mill, burned down because Wayne Tank had installed a pipeline made of unsuitable and dangerous plastic material and wrapped in heating tape attached to a useless thermostat. It had been switched on and the plant . .
Cited by:
Cited – Pegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000
Standard Conract – Wide Exclusions, Apply 1977 Act
The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 10 May 2022; Ref: scu.238590
