i-law

Litigation Letter

Assessment

Southampton Container Terminals LTD v Hansa Schiffarts GmbH CA TLR 13 June 2001

In assessing damages for the tortious loss of a chattel such as a working crane, the court was entitled to award only the current resale value of the chattel and not the cost of replacing it if the benefit would be wholly disproportionate to the claimant’s loss. The overriding principle was that damages should be reasonable as between the parties. The crane’s loss cause inconvenience but no loss of capacity and no serious financial loss.

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