Black v. Baxendale

Court of Exchequer, 1847.

1 Exch. 410.

Dawson, p. 72


Facts: The defendant delayed in shipping haycloths and thus the plaintiff was unable to sell them and had to reship them to sell elsewhere.  The plaintiff sued for the cost of reshipment and expenses of the plaintiff’s employee.


Issue: Is the reasonableness of incidental and consequential damages a matter of fact or a matter of law?


Rule: The question of whether the plaintiff’s expenses are reasonable is entirely a matter for the jury.


Analysis: Notice from the plaintiff to the defendant of when the items needed to be delivered may affect damages.


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