Chr. Salvesen and Company v Rederi Aktiebolaget Nordstjernan and Others

JurisdictionEngland & Wales
Judgment Date14 April 1905
Judgment citation (vLex)[1905] UKHL J0414-1
CourtHouse of Lords
Docket NumberNo. 6.

[1905] UKHL J0414-1

House of Lords

Chr. Salvesen and Company
and
Rederi Aktiebolaget Nordstjernan and Others.
1

After hearing Counsel, as well on Thursday the 10th, as Friday the 11th, Monday the 14th, and Tuesday the 15th, days of November 1904, upon the Petition and Appeal of Chr. Salvesen and Company, Shipbrokers, Leith, praying, That the matter of the Interlocutors set forth in the Schedule thereto, namely, an Interlocutor of the Lord Ordinary in Scotland, of the 16th of April 1902, and also an Interlocutor of the Lords of Session there, of the Second Division, of the 16th of January 1903, might be reviewed before His Majesty the King in His Court of Parliament, and that the said Interlocutors might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to His Majesty the King in His Court of Parliament might seem meet; as also upon the printed case of the Rederi Aktiebolaget Nordstjernan, owners of the Steamship "Oscar II.," of Stockholm, and Messrs. Maclay, Murray and Spens, their Mandatories, lodged in answer to the said Appeal; and due consideration had this day of what was offered on either side in this Cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of His Majesty the King assembled, That the said Interlocutor of the Lords of Session in Scotland, of the Second Division, of the 16th day of January 1903, complained of in the said Appeal, and the said Interlocutor of the Lord Ordinary there, of the 16th day of April 1902, also complained of in the said Appeal, be, and the same are hereby, Varied, by striking out the figures "450 l." and inserting in lieu thereof the figures "33 l. I s. 3 d," and by adding, after the word "record" occurring in the said Interlocutor of the 16th day of April 1902, the words "but down to the closing of the record, in that action, only," and that, subject to the said Variation, the said Interlocutors be, and the same are hereby, Affirmed: And it is further Ordered, That the said Cause be, and the same is hereby, remitted back to the Court of Session in Scotland, with a Direction to do therein as shall be just and consistent with this Judgment and...

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12 cases
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    • Australia
    • High Court
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  • Tokio Marine & Fire Insurance Co. Ltd. v Ace Protrans Forwarding Ltd.
    • Hong Kong
    • High Court (Hong Kong)
    • 25 Febrero 1994
    ...merely expected profits which might have been made if the agent had performed his duty (Salvesen & Co v Rederi Aktiebolaget Nordstjeman [1905] AC 302, HL; Cassaboglou v Gibb (1883) 11 QBD 797, A; Johnston v Braham and Campbell [1917] 1 KB 586, CA. See also Laskin v Bache & Co Inc [1972] 1 O......
  • Alvin's Auto Service Ltd. v. Clew Holdings Ltd. et al., (1997) 157 Sask.R. 278 (QB)
    • Canada
    • Saskatchewan Court of Queen's Bench of Saskatchewan (Canada)
    • 23 Junio 1997
    ...[para. 59]. Cook v. Williams (1897), 14 T.L.R. 31 (C.A.), dist. [para. 60]. Salvesen & Co. v. Rederi Aktiebolaget Nordstjernan, [1905] A.C. 302, dist. [para. Semelhago v. Paramadevan, [1996] 2 S.C.R. 415; 197 N.R. 379; 91 O.A.C. 379, dist. [para. 66]. Noonan et al. v. Roe et al. (1971),......
  • Edouard v Administrator, Natal
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    ...F and also of other contracts (see, for example, Ruff-Arnell Aviation Co Ltd v The King [1922] 1 KB 599 and Salvesen & Co v Rederi 1905 AC 302) show that damages for injured feelings can be awarded for a breach of contract where the breach itself is the cause of the humiliation caused to th......
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