Many feel that this decision was too harsh, and that being splashed by cyanide would burn you. It was held that the plaintiff could recover compensation for physical damages to the machine, but not for the loss of profit due to the non-operation of the machine. The general principle here is that the damage cannot be too remote from the actual breach of duty. and Sons LTD.- the defendant’s servants negligently damages and electricity cables belonging to the Electricity Board as a result of which there was a cut of power supply for some time. First Instance. Prior to 1986 his breakdown was not foreseeable but he should have been given extra help, and in not doing so the authority were in breach of their duty. In this case, the plaintiff along with his wife and children book tickets to go to ‘H’ buy the last train at night. Due to the negligence of the servants of the appellant, a large quantity of oil was spread over Water. In English law, remoteness is a set of rules in both tort and contract, which limits the amount of compensatory damages for a wrong. While putting the stones in pit ‘C’ never think that somebody can be pushed in it. Course. Causation & remoteness of damages and Fscope of liability. Property damage foreseeable as a result of explosions, and the amount was irrelevant. HOL. The tetanus jab is foreseeable with most injuries, particularly ones where there is dirt or broken skin. A sane prisoner committed suicide in custody, and again the police knew of his tendencies. The former will simply prefer the combination of a lower price, subsidised by low-value Also Read: Doctrine of Marshalling and Contribution. When they went for a cuppa, they put red warning paraffin lights around it. Only risk was splashing. eval(ez_write_tag([[250,250],'indianjudiciarynotes_com-leader-1','ezslot_11',137,'0','0'])); Would love your thoughts, please comment. L and S.W. economic interests, the threshold for recovery of damages for physical injuries would be lower. A chemical that exploded on contact with water was supplied by the Defendants to the claimants without any warnings on it. In the midst of monsoon, the defendant dug a tank and put Earth on sides. The claimant injured his head at work due to the Defendant’s negligence. The claimant could not afford to carry out the repairs until he received judgement against the defendant, and by the time he did the cost of repairs had gone up by 300%. *You can also browse our support articles here >, Ship’s charter, and charterers had filled cargo hold with petrol, During the voyage the cans leaked vapour, and when the shi reached the harbour it was unloaded, Planks were positioned to walk over the opening of the hold, and one of the dock workers (stevedores) negligently knocked it down into the hold. Held. An event constituting a wrong can constitute of single consequence or may constitute of consequences of consequences i.e. remoteness of damage. After approx 70 hours, melted metal from the appellants’ wharf got down over the waste cotton in the water by which the oil caught fire and due to this the wharf and its accessories were damaged badly. A person is liable for the Doctrine of the remoteness of damages in the law only when his wrongful conduct is directly related to the effect of his action. The damage may be proximate or might be remote, or too remote. The defendants, while taking on bunkering oil at the Caltex wharf in Sydney Harbour, carelessly spilled a large quantity of oil into the bay, some of which spread to the plaintiffs’ wharf some 600 feet away, where the plaintiffs were refitting a ship. 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