In error, the bank disclosed to one customer, the mark up being taken by another in selling on goods to that first customer. The second customer went to make its purchasers direct, and the first customer sought damages from the bank. The bank appealed an award based upon four years loss of profit.
Held: The bank was not in a position to appreciate the sensitivity of the information, and though in breach could not be held liable for four years loss of profit. The award was reduced to one year’s loss of profit, all other losses being too remote.
Judges:
Potter LJ, Nourse LJ and Ferris J
Citations:
[2000] EWCA Civ 203
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Hadley v Baxendale Exc 23-Feb-1854
Contract Damages; What follows the Breach Naturaly
The plaintiffs had sent a part of their milling machinery for repair. The defendants contracted to carry it, but delayed in breach of contract. The plaintiffs claimed damages for the earnings lost through the delay. The defendants appealed, saying . .
Appealed to – Jackson and Another v Royal Bank of Scotland HL 27-Jan-2005
The claimants sought damages, alleging that a breach of contract by the defendant had resulted in their being unable to earn further profits elsewhere. The defendant said the damages claimed were too remote. The bank had, by error, disclosed to one . .
Cited by:
Appeal from – Jackson and Another v Royal Bank of Scotland HL 27-Jan-2005
The claimants sought damages, alleging that a breach of contract by the defendant had resulted in their being unable to earn further profits elsewhere. The defendant said the damages claimed were too remote. The bank had, by error, disclosed to one . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 31 May 2022; Ref: scu.147236
