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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll