Black
v. Baxendale
Court of Exchequer, 1847.
1 Exch. 410.
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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Damages