header-logo header-logo

26 March 2009 / Ian Gascoigne
Issue: 7362 / Categories: Features , Fees , Limitation
printer mail-detail

Forseeable loss?

Ian Gascoigne considers the effect of economic conditions in measuring loss

The measure of loss in tort is a difficult issue because breach of a duty can set off a chain of events. In general, loss which is forseeable is recoverable, but it is often difficult to draw that line. It may seem unfair to hold the wrongdoer responsible for events which, while caused by his breach, are attributable to economic forces beyond his control.

In resolving such disputes, appellate courts have two purposes: first, to draw the dividing line on the instant facts; and, second, to establish a workable principle for future cases.

The choice is between protecting the victim, or being fair to the wrongdoer. Whether the issue is addressed in terms of causation, remoteness or contributory negligence, how is the line drawn?

      
      ●     If a victim's loss is enhanced by his poor financial position, is that the wrongdoer's responsibility or an external factor? or

      
      ●     If some loss resulting from a breach of duty is caused by

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll