Hadley V. Baxendale in Europe

Definition of Hadley V. Baxendale

((1854), 9 Ex. 341). Where two parties have made a contract, which one of them has broken, the damages which the other party ought to receive should be such as may fairly and reasonably be considered either arising naturally, i. e., according to the usual course of things, from the breach of contract itself, or 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.
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 delivered immediately, and that a special entry, if necessary, must be made to hasten its delivery. 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 and incurred loss. Held, that the loss could not be recovered from the defendants as common carriers

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Definition of Hadley V. Baxendale is, temporally, from A Concise Law Dictionary (1927). This page needs to be proofread.

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