Remoteness: losses from special circumstances not communicated (Hadley v Baxendale)
Wren Valley Dairy Ltd, a cheese maker in England, sent product samples by Swiftline Couriers Ltd for next-day delivery to a laboratory. Wren Valley did not tell Swiftline that the samples had to reach the laboratory that day so that test results could be sent to a foreign buyer before a deadline in a £60,000 export deal. Swiftline delivered three days late through its own fault. Wren Valley had to pay £300 for a second, express delivery of fresh samples, and lost the export deal because the deadline passed.
Which of the following best describes the damages Wren Valley can recover from Swiftline?
Choose one answer to see the reasoning.
Worked answer
Correct answer E: The £300 re-sending cost, which arises naturally from late delivery, but not the lost export profit, which arose from special circumstances unknown to Swiftline.
THE RULE TO REMEMBER
Contract damages cover losses arising naturally from the breach, or within both parties' reasonable contemplation when contracting; losses from special circumstances not communicated are too remote.
Remoteness: losses from special circumstances not communicated (Hadley v Baxendale)
Under the rule in Hadley v Baxendale, damages for breach of contract are recoverable for losses that arise naturally, according to the usual course of things, from the breach, or that may reasonably be supposed to have been in the contemplation of both parties when they made the contract as the probable result of the breach. Where special circumstances are communicated, losses arising from them are within contemplation; where they are wholly unknown to the party in breach, it can be taken to have contemplated only the loss arising generally. The £300 cost of re-sending the samples arises naturally from a courier's late delivery. The loss of the export deal depended on a deadline and a contract that Wren Valley never told Swiftline about. That loss is too remote, so Wren Valley recovers the natural losses but not the lost export profit.
Why A is wrong: Causation is not enough; losses must also satisfy the remoteness test in Hadley v Baxendale.
Why B is wrong: Losses arising naturally from late delivery are recoverable whether or not the courier knew the purpose of the delivery.
Why C is wrong: The lost export profit flowed from special circumstances unknown to Swiftline, not from late delivery in the usual course of things.
Why D is wrong: There is no general rule limiting a courier's liability to a refund; the normal contractual measure of damages applies.
A little more practice done.
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