Kuwait Airways Corporation v Iraqi Airways Company and Another (No 5): QBD 8 Jun 2000

The test of the forseeability of damages in case involving wrongful interference with goods, should be used instead of asking whether or not the damage was the direct or indirect consequence of the tort. The issue arose from failure to see the real issue was usually whether the case arose from contract or tort. No one formulation can encompass all the issues. Though wrongful interference is a tort of strict liability, the test should be that adopted generally in tort, namely the forseeability of the damage complained of.

Citations:

Times 31-May-2000, Gazette 08-Jun-2000

Damages, Torts – Other

Updated: 09 April 2022; Ref: scu.82866