The practice of issuing delivery orders for parcels out of a bulk cargo were ineffective and the intended buyers were left without remedy against the carrier.
Roskill J said: ‘In my judgment, there is nothing in Hedley Byrne to affect the common law principle that a duty of care which arises from a risk of direct injury to person or property is owed only to those whose person or property may foreseeably be injured by a failure to take care. If the plaintiff can show that the duty was owed to him, he can recover both direct and consequential loss which is reasonably foreseeable, and for myself I see no reason for saying that proof of direct loss is an essential part of his claim. He must, however, show that he was within the scope of the defendant’s duty to take care.’
Judges:
Roskill J
Citations:
[1969] 1 QB 219
Jurisdiction:
England and Wales
Cited by:
Cited – Borealis Ab v Stargas Limited and Others and Bergesen Dy A/S Berge Sisar Dorealis Ab v Stargas Limited and Others HL 27-Mar-2001
The ship came to port, and samples of the cargo proved contaminated. The carrier asserted that the consignee was to be deemed to have demanded delivery, and had so assumed the risk. The court found that the mere taking of samples was not such a . .
Lists of cited by and citing cases may be incomplete.
Transport, Contract, Negligence
Updated: 29 April 2022; Ref: scu.194563