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MikeLittle.
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- December 3, 2017 at 2:17 pm #419940
Sir, on 2nd Dec I asked you that “If claimant has suffered loss because of defendant’s negligence, and then afterwards because of the NATURAL EVENT loss has increased then would defendant be liable for the loss caused BEFORE intervening act and would he have to pay damages to the claimant because of his negligence?”
You replied me “Yes”
Sir in Carslogie steamship V Royal Norwegain 1952 I asked you on 2nd Dec that according to BPP extract as House of Lords held that ” the defendants were liable for loss of profit suffered as result of the defendants wrongful act only.” So defendants were liable na for loss caused to claimant as a result of their negligence ? And would defendant pay damages to claimant because of their wrongful act (negligence)?
You replied me , ‘Yes’
BUT sir according to kaplan extract , it was held that The claimant could not recover compensation for the time it would
have taken to repair the ship in respect of the collision damage, as
the ship would have been out of use in any case, due to the damage
caused by the weather.So according to kaplan , inspite of the fact that claimant suffered loss as a result of defendant’s negligence in the first place, but here defendant are not liable to pay damages to claimant?
Below I have quoted the extract of the same case from both books BPP and Kaplan:
From Bpp:
The House of Lords held that the defendants were liable for loss of profit suffered as result of
the defendants’ wrongful act only. Whilst undergoing repairs, the ship ceased to be a profit-earning
machine as the weather damage had rendered her unseaworthy. The weather conditions created an
intervening act and the claimants had sustained no loss of profit due to the ship being out of action as it
would have been unavailable for hire anyway due to the weather damageFrom kaplan :
The claimant could not recover compensation for the time it would
have taken to repair the ship in respect of the collision damage, as
the ship would have been out of use in any case, due to the damage
caused by the weather.Please clear my confusion Sir
December 3, 2017 at 2:35 pm #419950Catalogue was liable for the collision damage and not for the subsequent storm damage
OK?
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