393. Siordet v Hall (1828) 4 Bingham New Cases 607

Foreseeability – carriers liable for foreseeable, not only proximate, consequences

 The Facts

Cargo was damaged by water from a boiler filled overnight, through a pipe which cracked from a natural cause i.e. frost.

 Findings

Held that the Master should have foreseen cracking and was therefore negligent.

 Commentary

The maxim, lex causa proxima non remota spectatur, was held not to avail the carrier/vessel (per Best CJ).

 

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