Remoteness of Damage

remoteness of damage
The main issue regarding the concept or remoteness of damage in tort is to keep in mind that
– Initially in the law it was considered the defendant have to bear all losses no matter how remote or bizzare the loss might be (Re polemis). In this case a ship carrying petrol which leaked and created vapor got fire due to stevedore dropping wooden plank causing spark. Court ruled full damage payable by the defendant
– Then this principle changed and only damage natural and forseable are supposed to be compensated (The Wagon Mound). In this case a ship negligently discharged bunker later on causing fire and destruction of a repair dock which was not forseable therefore ship was not liable for the fire damage.
In maritime charterparty related remoteness of damage two interesting cases can be mentioned
o The Achilleas: Charterer delayed redelivery, causing owner to loss on a follow-on charter as per the claim. So owner claimed loss for the full period of the follow-on charter which denied by the court as this is not normal or expected by the charter. Instead court ruled damaged only for the dalyed period
o The Sylvia: In this case, Charterer sub-chartered the vessel but missed the sub-charter laycan due to hold problem resulting cancellation of the sub-charter. Main Charterer claimed for loss compensation and court ruled in favour as this is natural, forseable, limited financial not speculative.

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