Hadley V. Baxendale Case Study

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In the case of Hadley v. Baxendale (1854) 9 Exch 341, where the plaintiff (Hadley) operated a mill, and a component of their steam engine broke (crank shaft) causing them to stop the operation. Plaintiffs then contacted the defendant (Baxendale), for carriage of the crankshaft to Joyce & Co., to repair. However, with the negligence of defendant, the crankshaft is unable to deliver on the promised time even after several days, where the defendant (Baxendale) promised that if the crankshaft was delivered to them before noon, it would be shipped and deliver to Joyce & Co. on the following day. There are two test of negligence: “The damages to which a non-breaching party is entitled are those arising naturally from the breach itself or those that…show more content…
Lily. Therefore, Lily has the rights to seek for compensation from Sloppy Tours for the negligence of the staff for miscarriage of her luggage during the tour and causes the trip to be undelightful and the arisen of cost of damages of the luggage should also be claimed by Lily to appease her feelings in experiencing the damages during the trip which is suppose to be an enjoyment to her. Damage is money compensation and the purpose of damage is not to punish the defendant. A court award damages to restall to the financial position he would have been performed. Hence, Ms. Lily can claim for the lost if she is able to satisfy the test in this…show more content…
Stevenson[1932], it is also about the breach of duty of care in Negligence. Duty of care defined as the responsibility or the legal obligation of a person or organization to avoid acts or omissions (which can be reasonably foreseen) to be likely to cause harm to others. In Lily case,the crew must takes care the customer luggage bag. It is because the careless of crew never takes care Lily luggage bag,it cause of damages (E-lawresources.co.uk, 2016). If she handled properly with her care, Lily ‘s luggage bag will not damaged. Duty of care known as the relationships and circumstances which the law increase the legal duty of takes care. A failure happen under the duty of care which come out result in the defendant being liable to pay damages to a party who is injured or suffers loss as a result of their breach of duty of care. The plaintiff have to sue the defendant for damaging Ms. Lily’s luggage. If the crew handled it properly, this case will not

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