Damage was negligently inflicted by the defendants on the power line which they knew to be the direct electricity supply to the plaintiff’s factory.
Held: Damages were recovered for depreciation in value of one spoiled melt, plus consequential loss of profit on that melt. However, the plaintiff could not claim damages in tort ‘based on lost sale contracts yet to be made at an unknown date in the future because such contracts and alleged losses are not immediately consequential on the physical damage of the tort’. It was a parasitic claim.
Judges:
Lord Denning MR, Edmund-Davies J, Lawton LJ
Citations:
[1972] EWCA Civ 3, [1972] 3 WLR 502, [1973] QB 27, [1972] 3 All ER 557
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – D Pride and Partners (A Firm) and Others v Institute for Animal Health and Others QBD 31-Mar-2009
The claimants sought damages after the loss of business when the defendants’ premises were the source of an outbreak of foot and mouth disease. The organism had escaped from their premises via a broken drain.
Held: Much of the damage claimed . .
Lists of cited by and citing cases may be incomplete.
Negligence
Updated: 12 July 2022; Ref: scu.262752
