The plaintiff was the bailee of spools which were used to carry optic fibre cables which it was to refurbish. The spools were destroyed by fire.
Held: The company was entitled to recover the cost of replacing the spools, subject to a deduction based on the saved cost of refurbishment. The Court took account of what happened after the fire. There was no available market in used spools, so the plaintiff could not have mitigated its loss by replacing them.
Judges:
Lord Justice May Lord Justice Tuckey Lord Justice Thomas
Citations:
[2005] EWCA Civ 97, [2005] 2 Lloyd’s Rep 50
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Re-Source America International Ltd. v Platt Site Services Ltd. and Another, Barkin Construction Ltd CA 2-Jun-2004
‘Section 2 of the 1978 Act is not expressed exclusively in terms of causative responsibility for the damage in question, although obviously the court must have regard to this, as the section directs, and it is likely to be the most important factor . .
Cited by:
See Also – Re-Source America Ltd. v Platt Site Services Ltd and Another (No 3) TCC 20-Oct-2005
. .
Cited – Golden Strait Corporation v Nippon Yusen Kubishka Kaisha (‘The Golden Victory’) HL 28-Mar-2007
The claimant sought damages for repudiation of a charterparty. The charterpary had been intended to continue until 2005. The charterer repudiated the contract and that repudiation was accepted, but before the arbitrator could set his award, the Iraq . .
Lists of cited by and citing cases may be incomplete.
Damages
Updated: 09 November 2022; Ref: scu.222785
