Hadley v Baxendale
| Jurisdiction | England & Wales |
| Court | Exchequer |
| Judgment Date | 23 February 1854 |
| Date | 23 February 1854 |
English Reports Citation: 156 E.R. 145
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C 2 C. L. R 517; 23 L. J. Ex. 179, 18 Jur. 358; 2 W. R 302 Applied, Smeed v. Foord, 1859, 1 El. & El 602, Gee v. Lancashire and Yorkshire Railway Company, 1860, 6 H. & N. 216, Wilson v Lancashire and Yorkshire Railway Company, 1861, 9 C. B (N S) 632, Woodger v. Great Western Railway Company, 1867, L R. 2 C. P. 321, Coty v. Thames Ironworks Company, 1868, L. R. 3 Q. B 189, Engel v. Fitch, 1868, L R. 3 Q B 323, L R 4 Q B 668; Prehn v Royal Bank of Liverpool, 1870, L R 5 Ex 97, Smith v Green, 1875, 1C P. D 94, Sanders v Stuart, 1876, 1 C P D 328, Wilson v General Iron Screw Colliery Company, 1877, 47 L J. Q B 240, Smith v Day, 1882, 21 Ch. D 428; Hamilton v Magill, 1883, 12 L. R. Ir 186; Rodocunachi v. Milburn, 1886, 17 Q. B D. 320 affirmed, 18 Q B. D 67; William v. Peel River Land Company, 1886, 55 L T 693, Hammond v Bussey, 1887, 20 Q B D 80; Couper v Richards, 1887, 3 T L R 739, White v. Peto, 1888, 58 L T 713; Ebbetts v Conquest, [1895] 2 Ch. 377 affirmed, [1896] A C. 490. M'Neill v. Richard, [1899] 1 Ir. R 85, Actus v Great Western Colliery Company, [1899] 2 Q. B 413. Not applied, Collard v South Eastern Railway, 1861, 7 H & N 79, Larios v Bonany, 1873, L. R. 5 P. C 358, Bradshaw v. Lancashire and Yorkshire Railway, 1875, L R. 10 C P. 193, Skinner v. City of London Marine Insurance Corporation, 1885, 14 Q B D 887, Marsh v Loseph, [1897] 1 Ch 231 Discussed, Simon, v Patchett, 1857, 7 E & B 568, Wilson v Newport Dock Company, 1866, 4 H. & C 232, L R. 1 Ex 177, Horne v Midland Railway Company, 1873,
L. R 8 C P 131, Elhinqer Actien-Gesellschafft v Armstrong, 1874, L R. 9 Q B. 478, Sawdon v Andrew, 1874, 30 L T. 25, Irvine v Midland Great Western Railway, 1880, 6 L. R. Ir. 55, Finlay v. Chirney, 1888, 20 Q B D. 500, The Argentina, 1888, 13 P D 197 affirmed, 14 A C 519. Dissented from, Boyd v. Fitt, 1863, 14 Ir C L R. 43 Distinguished, Lilley v. Doubleday, 1881, 7 Q. B. D. 512; Clate
v. Dobson, [1911] 1 K B. 42 Referred to, De Mattos v. Gibson, 1860, 1 J & H. 79,
Bain v. Fothergill, 1874, L R 7 H l177, Baxendale v. London, Chatham, and Dover
Railway company, 1874, l. R. 10 Ex. 45, Hobb v London and South Western Railwat
Company, 1875, L. R 10 Q B. 117, Grebert-Borgnis v. Nugent, 1885, 15 Q B D
89: South African Territories v. Wallington, [1897] 1 Q. B 692; Boxtock v Nicholson, [1904] 1 K. B. 737, Cointat v Myham, [1913] 2 K B 222
[341] hadley and another v. baxendale and others. Feb. 23,(a) 1854.- Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising Haturally, i e according to the usual course of things, from such breach of contract itself, 01 such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it-Where the plaintiffs, the owners of a flour mill, sent a broken iron shaft to an office of the defendants, who were common carriers, to be conveyed by them, and the defendants' clerk, who attended at the office, was told that the mill was stopped, that the shaft must be dehveied immediately, and that a special entry, if necessary, must be made to hasten its delivery , and the delivery of the broken shaft to the consignee, to whom it had been sent by the plaintiffs as a pattern, by which to make a new shaft, was delayed for an unreasonable time ; in consequence of which, the plaintiffs did not receive the new shaft for some days after the time they ought to have received it, and they were consequently unable to work their mill from want of the new shaft, and thereby incurred a loss of profits :-Held, that, under the circumstances, such loss could not be recovered in an action against the defendants as common carriers. [S. Q 2 C. L. E 517 ; 23 L. J. Ex. 179, 18 Jur. 358; 2 W. R 302 Applied, Smeed v. Foord, 1859, 1 El. & El 602 , Gee v. Lancashiie and Yothhitc Railway Company, 1860, 6 H. & N. 216, Wilson v Lancashire and Yorkshire Railway Company, 1861, 9 C. B (N S ) 632, Woodgei v. Great Western Railway Company, 1867, L R. 2 C. P. 321 , Coty v. Thames Iwnworks Company, 1868, L. R. 3 Q. B 189 , Engel v. Fitch, 1868, L R. 3 Q B 323, L R 4 Q B 668 ; I'rehn v Royal Hank of Liverpool, 1870, L R 5 Ex 97, Smith v Green, 1875, 1C P. D 94, Jandas v Stuart, 1876, 1 C P D 328 , Wilson v General Iron Screw Colliery Company, 1877, 47 L J. Q B 240, Smith \ Day, 1882, 21 Ch. D 428 ; Hamilton v Magill, 1883, 12 L. R. Ir 186 ; Rodocnnachi v. Milbvrn, 1886, 17 Q. B D. 320 affirmed, 18 Q B. D 67 ; William* v. Peel River Land Company, 1886, 55 L T 693 , Hammond \ Bus^ey, 1887, 20 Q B D 80 ; Couper v Richards, 1887, 3 T L R 739 , White v. Petu, 18N8, 58 L T 713; Ebbttts v Conquest, [1895] 2 Ch. 377 affirmed, [IK96] A C. 490 . M'Nnll v. Richard-*, [1899] 1 Ir. R 85 , Actus v Great Western Colliety Company, [1899] 2 Q. B 413. Not applied, Collard v South Eastetn Railway, 1861, 7 H &N 79, Lartosv Bonany, 1873, L. R. 5 P. C 358, BradJiaw v. LancaJme. and Yoikshue Railway, 1875, L R. 10 C P. 193, Skinner v. City of London Marine Insurance Corpoiahon, 1885, 14 Q B D 887 , Maih v loseph, [1897] 1 Ch 231 Discussed, Simom, v Patchett, 1857, 7 E & B 568, Wilson v Newpoi t Dock Company, 1866, 4 H. & C 232 , L R. 1 Ex 177, Home v Midland Railway Company, 1873, L. R 8C P 131, Elhinqer Actun-Gtsdlsthafft v A-tm^ong, 1874, L R. 9 Q B. 478 , Sawdoit v Andiew, 1874, 30 L T. 25 , Irvine v Midland Great Western Railway, 1880, 6 L. R. Ir. 55 , Fmlay v. Chuney, 1888, 20 Q B D. 500, The Argentina, 1888, 13 P D 197 affirmed, 14 A C 519. Dissented fiom, Boyd v. Fitt, 1863, 14 Ir C L R. 43 Distinguished, Lilley v. Douhleday, 1881, 7 Q. B. D. 512; Clate v. Dobson, [1911] 1 K B. 42 Referred to, De Mattoi v. Gibson, 1860, 1 J & H. 79, Buin v. Fotheigill, 1874, L R 7 H L 177 , Baxendale v. London, Chatham, and Dovei Railway Company, 1874, L. R. 10 Ex. 45, Hobb* v London and South Western Rad- way Company, 1875, L. R 10 Q B. 117 , Grebett-B^gn^ v. Nugent, 1885, 15 Q B D 89: South African Temtoites v. Walhngton, [1897] 1 Q. B 692; Boxtock v Nichol son, [1904] 1 K. B. 737 , Comtat v Hyham, [1913] 2 K B 222] The first count of the declaration stated, that, before and at the time of the making by the defendants of the promises hereinafter mentioned, the plaintiffs carried on the business of millers and mealmen in copartnership, and were proprietors and (ti) Decided in Hilary Vacation. 146 HADLEY V. BAXENDALE 9 EX 342 occupiers of the City Steam-Mills, in the city of Gloucester, and were possessed of a steam-engine, by means of which they worked the said mills, and therein cleaned corn, and ground the same into meal, and dressed the same into flour, sharps, and bran, and a certain portion of the said steam-engine, to wit, the crank shaft of the said steam-engine, was broken and out of lepaii, whereby tbe said steam-engine was prevented ham working, and the plaintiffs were desirous of having a new crank shaft made for the said mill, and had oniered the same of certain peisons trading under the name of W. Joyce & Co , at Greenwich, in the county of Kent, who had contiacted to make the said new shaft foi the plaintiffs , but before they could complete the said new shaft it was necessary that the said bioken shaft should be fotwatded to then works at...
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