|
''Muirhead v Industrial Tank Specialties Ltd and Other ()'' QB 507 is an English Court of Appeal case concerning the recovery of pure economic loss in negligence. ==Facts== This case involved various defendants. The plaintiff was Robert Muirhead were fish merchants of fishmonger who employed defendant to supply fish tanks for the plaintiff to store lobsters. Plaintiff had a scheme where he would buy lobsters in summer when they were cheaper and he would then sell them during the Christmas festive period when their price was more expensive. Plaintiff engaged Industrial Tank Specialties to design, supply and install a fish tank in which he (plaintiff) would store the lobsters. The tank needed an electric pump to circulate the seawater for the purpose of oxygenation. Defendants (Industrial Tank Specialties) subcontracted the manufacture of motors for those pumps to Leroy Somer Electric Motors Ltd. Unfortunately the motors supplied were designed for use in France where they use a lower range of voltages than those used in England. Consequently the pumps failed and despite the constant attempts by the plaintiff and a local electrician to keep them going, the pumps failed. This resulted in the death of the whole stock of lobsters from lack of oxygen, the lobsters suffocated or got boiled alive. The tank company was insolvent, so the plaintiff sued the French motor manufacturer in negligence for: #The cost of the pumps #The cost of cooking and refrigerating the salvaged lobsters. #The cost of the electrician who attended the pumps. #The cost of attending to the pumps themselves. #Loss of interest on capital deployed. #Loss of profit on intended sales. #The value of lost lobsters. #Damages for the inconvenience and anxiety suffered by plaintiff. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Muirhead v Industrial Tank Specialist Ltd」の詳細全文を読む スポンサード リンク
|