The court considered the approach to claims for damages which had been made worse because of the impecuniosity of the victim: ‘I am of opinion that in each case where the matter arises it is a question of fact, in the particular circumstances, whether loss associated with the impecuniosity of the party claiming to have suffered loss was within the contemplation of the parties.’
Judges:
Lord Keith
Citations:
1976 SC 73
Citing:
Cited – Trans Trust SPRL v Danubian Trading Co Ltd CA 1952
Lord Justice Denning said: ‘It was also said that the damages were the result of the impecuniosity of the sellers and that it was a rule of law that such damages are too remote. I do not think there is any such rule. In the case of a breach of . .
Cited by:
Cited – Lagden v O’Connor HL 4-Dec-2003
The parties had been involved in a road traffic accident. The defendant drove into the claimant’s parked car. The claimant was unable to afford to hire a car pending repairs being completed, and arranged to hire a car on credit. He now sought . .
Applied – Margrie Holdings Ltd v City of Edinburgh District Council IHCS 1994
When asking whether a claim for damages could properly include an additional element to recover additional costs of an impecunious pursuer, the proper approach, consistent with the modern authorities, was to ask whether the loss was or was not . .
Lists of cited by and citing cases may be incomplete.
Scotland, Damages
Updated: 29 April 2022; Ref: scu.188650
