Philosophy 2080 Lecture Notes - Lecture 12: Fundamental Breach, Liquidated Damages, Warsaw Convention
17 Feb 2016
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Purpose in tort law = to place in same position if the event didn"t occur. They have a mill, produce a food item, have machinery that requires a crank shaft. Crank shaft turns the shaft grinds the grain. The shaft broke, so they called a carrier (ex: fedex) Told carrier that they need to have it repaired, told that for every day that they didn"t have it, they were shut down and losing profits. Carrier said they could deliver if it the part was there by noon, but carrier was late bringing it back. Mill was shut down for days, sued carrier for loss of profits, who argued that the loss was too remote. Argued that they only owed them the cost of shipping, not loss of profits. Trial: judge directed jury to decide it for themselves, jury said for loss of profits. Wanted to go to skiing holiday in switzerland, gets brochure by swans.
