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As a consequence, the factory was deprived of electricity for 15 hours which caused physical damage to the factory’s furnaces and metal, loss of profit on the damaged metal and loss of profit on the metal that was not melted during the time the electricity was off. Spartan Steel claimed all the three heads of damage.
The plaintiff, Dr. Ira Gore, bought a new BMW, and later discovered that the vehicle had been repainted before he bought it. Defendant BMW of North America revealed that their policy was to sell damaged cars as new if the damage could be fixed for less than 3% of the cost of the car. Dr. Gore sued, and an Alabama jury awarded $4,000 in compensatory damages (lost value of the car) and $4 ...
In an appeal, the government contended that the exemption clause in the letter, which did not in terms refer to negligence, had to be construed in accordance with the contra proferentem rule as not relating to liability for loss or damage caused by negligence, but only to liability which arose from some other cause, such as breach of contract, and that the exemption clause applied only where ...
Miller v Jackson [1977] QB 966 is a famous Court of Appeal of England and Wales case in the torts of negligence and nuisance.The court considered whether the defendant - the chairman of a local cricket club, on behalf of its members - was liable in nuisance or negligence when cricket balls were hit over the boundary and onto the property of their neighbours, Mr and Mrs Miller, the plaintiffs.
The filing of a declaratory judgment lawsuit can follow the sending by one party of a cease-and-desist letter to another party. [6] A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (i.e. such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction, or sue for minor damages in the law of unjustified threats.
Besides its impact on legal jurisprudence, the rationale and precedent set by Greenman v Yuba Power Products, Inc. has also aided the judgement of several cases that followed it. O'Neil v. Crane Co. , an important California case in 2012 which dealt with product liability against an asbestos manufacturer whose product caused severe injuries to ...
The conclusion was that in this case valuation could not be done until after the profit performance became known. In his judgement Pelling also referred to the case of Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd, a case where continuing misrepresentation affected the appropriate date for damages to be assessed. [12]
Page v Smith [1995] UKHL 7 is a decision of the House of Lords.It is part of the common law of England and Wales.. The case concerns foreseeability of psychiatric damage and creates an important distinction between primary and secondary victims in the English law of negligence relating to the recovery of such damage.