Damages: Chattels

[Flash Card 1 of 2]

• C may be awarded damages: chattels (personal items) / damaged or destroyed / due D's wrongdoing

Destruction of property

• C permanently deprived of chattel: entitled full market value of property / at time tort committed
• dredger sunk / recoverable: market price of replacement / adaptation transport insurance necessary to fulfil contract / compensation for disturbance & loss to contract during delay between loss & substitution (Liesbosch Dredger v SS Edison [1933])
• replacement cost / excess of value of property destroyed / C only entitled recover value of reasonable substitute (Uctkos v Mazzetta [1956])

Damage to property

• C's property damaged: entitled damages which will make good the damage / amount property's value been reduced (usually cost of repairs)
• cost repairs recoverable: even if not carried out by trial date (The Kingsway [1918]) / never carried out (The York [1929])
• repairs cost / exceeds market value of damaged property / C only entitled recover market value / enable purchase replacement (Darbishire v Warran [1963])
• if unique & no comparable replacement: C entitled recover cost of repair / even considerably exceeding its value (O'Grady v Westminster Scaffolding [1962])

bits of law

Damages: Chattels

[Flash Card 2 of 2]

Loss of use of property

• C should be compensated / period unable to use property / after damage or destruction & before repair or replacement
• entitled claim: despite available replacement / not profit making / any hire cost / loss of profit (The Mediana [1900])

Land or buildings

• same principles apply / land & buildings more likely unique / often sums awarded exceed property value

Mitigation of loss

• C has duty to mitigate loss / accept market value if cost repairs excessive / or more profitable destroy not damage property (Darbishire v Warran [1963])
• if unable mitigate losses / due impecuniosity / C may recover in full (Lagden v O'Connor [2004])

bits of law