Losses in UK Law

Leading Cases
  • Forster v Outred & Company
    • Court of Appeal (Civil Division)
    • 11 March 1981

    Mr. Stuart-Smith says that it is any detriment, liability or loss capable of assessment in money terms and it includes liabilities which may arise on a contingency, particularly a contingency over which the plaintiff has no control; things like loss of earning capacity, loss of a chance or bargain, loss of profit, losses incurred from onerous provisions or covenants in leases. They are all illustrations of a kind of loss which is meant by "actual" damage.

  • Transfield Shipping Inc. v Mercator Shipping Inc. (The Achilleas)
    • House of Lords
    • 09 July 2008

    It is generally accepted that a contracting party will be liable for damages for losses which are unforeseeably large, if loss of that type or kind fell within one or other of the rules in Hadley v Baxendale: see, for example, Staughton J in Transworld Oil Ltd v North Bay Shipping Corpn (The Rio Claro) [1987] Lloyd's Rep 173, 175 and Jackson v Royal Bank of Scotland plc [2005] 1 WLR 377.

    What is the basis for deciding whether loss is of the same type or a different type? The distinction must rest upon some principle of the law of contract. In my opinion, the only rational basis for the distinction is that it reflects what would have been reasonable and have been regarded by the contracting party as significant for the purposes of the risk he was undertaking.

  • Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others ; St Martins Property Corporation Ltd and Another v Sir Robert McAlpine Ltd (formerly Sir Robert McAlpine and Sons Ltd)
    • House of Lords
    • 22 July 1993

    In such a case, it seems to me proper, as in the case of the carriage of goods by land, to treat the parties as having entered into the contract on the footing that Corporation would be entitled to enforce contractual rights for the benefit of those who suffered from defective performance but who, under the terms of the contract, could not acquire any right to hold McAlpine liable for breach.

  • British Transport Commission v Gourley
    • House of Lords
    • 08 December 1955

    In an action for personal injuries the damages are always divided into two main parts. First, there is what is referred to as special damage which has to be specially pleaded and proved. This consists of out-of-pocket expenses and loss of earnings incurred down to the date of trial, and is generally capable of substantially exact calculation. Secondly, there is general damage which the law implies and is not specially pleaded.

  • Liesbosch Dredger (Owners of) v Owners of SS Edison (The Liesbosch)
    • House of Lords
    • 28 February 1933

    But the Appellants' actual loss in so far as it was due to their impecuniosity arose from that impecuniosity as a separate and concurrent cause, extraneous to and distinct in character from the tort; the impecuniosity was not traceable to the Respondents' acts, and in my opinion was outside the legal purview of the consequences of these acts.

  • Threlfall v Jones (Inspector of Taxes) ; Gallagher v Same
    • Court of Appeal (Civil Division)
    • 30 June 1993

    Subject to any express or implied statutory rule, of which there is none here, the ordinary way to ascertain the profits or losses of a business is to apply accepted principles of commercial accountancy. That is the very purpose for which such principles are formulated. As has often been pointed out, such principles are not static : they may be modified, refined and elaborated over time as circumstances change and accounting insights sharpen.

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Books & Journal Articles
  • Paradise losses.
    • Nbr. 2000, December 2000
    • Financial Management (UK)
    • Cooper, Tim
    • Accountants in Indonesia
    ...It's got paddy fields, tropical sunshine, sandy beaches running down to the Indian Ocean -- and corruption, civil unrest, an appalling human rights record and an economy in crisis. Tim Cooper asks whether doing business in Indonesia is a fascinating ......
  • Fighting Energy Losses & Maintenance Costs
    • Nbr. 82-5/6, May 1982
    • Industrial Management & Data Systems
    • 22-22
    In a climate of intense economic pressure, more and more companies are examining ways of conserving energy and reducing maintenance costs. Apart from insulation methods and materials one of the cri...
  • Cutting fraud losses in Canadian organizations
    • Nbr. 22-3, July 2015
    • Journal of Financial Crime
    • 295-304
    Purpose: – The purpose of this paper is to analyze the effect of various internal controls (i.e. hotlines, regular ethics (fraud) training, surprise audits, internal and external audits and backgro...
  • Losses of Chances in the Law
    • Nbr. 59-2, March 1996
    • The Modern Law Review
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Law Firm Commentaries
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