header-logo header-logo

Sale of Goods

04 September 2008
Issue: 7335 / Categories: Case law , Law digest
printer mail-detail

Sony Computer Entertainment UK Ltd v Cinram Logistics UK Ltd [2008] EWCA Civ 955, [2008] All ER (D) 66 (Aug)

Where goods are lost in carriage, the owner is prima facie entitled to the value of his goods. If the defendant wishes to say that the loss is less because the profit could have been earned in any event by a substitute or replacement sale, at the cost only of the expenditure of a lesser sum for the purpose of manufacturing or buying in further goods, the defendant bears the burden of proving that case.

Thus, it is not for the claimant to prove that he has not recouped the profit by a substitute sale, but for the defendant to prove that the profit has been recouped and thus the loss of profit not suffered after all.

Issue: 7335 / Categories: Case law , Law digest
printer mail-details

MOVERS & SHAKERS

Myers & Co—Jen Goodwin

Myers & Co—Jen Goodwin

Head of corporate promoted to director

Boies Schiller Flexner—Lindsay Reimschussel

Boies Schiller Flexner—Lindsay Reimschussel

Firm strengthens international arbitration team with key London hire

Corker Binning—Priya Dave

Corker Binning—Priya Dave

FCA contentious financial regulation lawyer joins the team as of counsel

NEWS
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
Caroline Shea KC and Richard Miller of Falcon Chambers examine the growing judicial focus on 'cynical breach' in restrictive covenant cases, in this week's issue of NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
back-to-top-scroll