Newman Industries Ltd was meant to deliver a boiler for Victoria Laundry (Windsor) Ltd. The delivery was five months late. As a result of not having enough laundry capacity, Victoria Laundry lost a lucrative contract from the Ministry of Supply. It issued for the ordinary profit that it had forgone through not having the boiler on time. The question was whether it could also claim the extraordinary profit it would have made, had it been able to take advantage of the lucrative Ministry of Supply contract.
Judgmentedit
Asquith LJ in the Court of Appeal held that Newman Industries only had to compensate for the ordinary, not the extraordinary loss of profits. He distinguished losses from "particularly lucrative dyeing contracts" as a different type of loss which would only be recoverable if the defendant had sufficient knowledge of them to make it reasonable to attribute to him acceptance of liability for such losses. The vendor of the boilers would have regarded the profits on these contracts as a different and higher form of risk than the general risk of loss of profits by the laundry.
victoria, laundry, windsor, newman, industries, 1949, english, contract, case, remoteness, damage, principle, courtcourt, appealcitation, 1949, 528case, opinionsasquith, ljkeywordsremoteness, contents, facts, judgment, also, notesfacts, editnewman, industries,. Victoria Laundry Windsor Ltd v Newman Industries Ltd 1949 2 KB 528 is an English contract law case on the remoteness of damage principle Victoria Laundry Windsor Ltd v Newman Industries LtdCourtCourt of AppealCitation s 1949 2 KB 528Case opinionsAsquith LJKeywordsRemoteness Contents 1 Facts 2 Judgment 3 See also 4 NotesFacts editNewman Industries Ltd was meant to deliver a boiler for Victoria Laundry Windsor Ltd The delivery was five months late As a result of not having enough laundry capacity Victoria Laundry lost a lucrative contract from the Ministry of Supply It issued for the ordinary profit that it had forgone through not having the boiler on time The question was whether it could also claim the extraordinary profit it would have made had it been able to take advantage of the lucrative Ministry of Supply contract Judgment editAsquith LJ in the Court of Appeal held that Newman Industries only had to compensate for the ordinary not the extraordinary loss of profits He distinguished losses from particularly lucrative dyeing contracts as a different type of loss which would only be recoverable if the defendant had sufficient knowledge of them to make it reasonable to attribute to him acceptance of liability for such losses The vendor of the boilers would have regarded the profits on these contracts as a different and higher form of risk than the general risk of loss of profits by the laundry See also editHadley v Baxendale 1854 9 Exch 341 Koufos v Czarnikow Ltd or The Heron II 1969 1 AC 350 Parsons Livestock Ltd v Uttley Ingham amp Co Ltd 1978 1 QB 791 South Australia Asset Management Co v York Montague 1996 3 All ER 365 The Achilleas 2008 UKHL 48Notes edit Retrieved from https en wikipedia org w index php title Victoria Laundry Windsor Ltd v Newman Industries Ltd amp oldid 1214647791, wikipedia, wiki, book, books, library,
