Negligence = costs can be recovered in a civil litigation?

[andrew2332]

Hi all...

A quick one. My father recently had to spend a week without electricity because his business premises were cut off.

Than landlord basically didn't pay the bills. Supplying electric is part of the contract my father has with the companies.

So can anyone tell me what he can recover - lost wages, potential earnings, cost of generators he hired, etc? He estimates he lost about 10K-15K all in.

He has also had to get a repair of a machine sorted this week which blew up, basically because it was being used from a generator and not the normal power supply. That was about 10K

Is his too remote?

Let me know guys, he is a small business owner and needs your help!

[bluebottle]

Re: Negligence = costs can be recovered in a civil litigation?

Hi Andrew,

Who is the landlord?

[andrew2332]

Re: Negligence = costs can be recovered in a civil litigation?

Hi Andrew,

Who is the landlord?

Hi Bluebottle :P

It's a private landlord...

[enquirer]

Re: Negligence = costs can be recovered in a civil litigation?

Supplying electric is part of the contract my father has with the companies.

Do you mean with the landlord?

So can anyone tell me what he can recover - lost wages, potential earnings, cost of generators he hired, etc? He estimates he lost about 10K-15K all in.

Possible Breach of Contract, depending on the exact circumstances. Direct losses are recoverable, indirect possibly so. You would be expected to provide evidence.

[andrew2332]

Re: Negligence = costs can be recovered in a civil litigation?

Do you mean with the landlord?

Yes, sorry!

Possible Breach of Contract, depending on the exact circumstances. Direct losses are recoverable, indirect possibly so. You would be expected to provide evidence.

My concerns are:

1) Can they claim remoteness, and leading onto/from that:

2) Not paying their bills - is this negligent? and might they claim so to dodge a bullet? and if not negligence, then does breach of contract still mean that remoteness can be used to dodge said bullet/s?

[enquirer]

Re: Negligence = costs can be recovered in a civil litigation?

1) Can they claim remoteness ...

Yes, although how effective it would be is another matter.

Not paying their bills - is this negligent?

It might well be, but you would have a devil of a job proving it. Simple breach of contract - they agreed to supply you, and they didn't. Then move on to demonstrating direct and indirect loss.

... and might they claim so to dodge a bullet? and if not negligence, then does breach of contract still mean that remoteness can be used to dodge said bullet/s?

It's a two step process - establish liability, then assess loss/damages. Remoteness is used to deflect part or all of the claim for damages.

If you proved unable to satisfactorily link the loss to the cause, you might establish liability (they did breach the contract), but still receive next to nothing (we are not satisfied that the breach caused this loss).

[andrew2332]

Re: Negligence = costs can be recovered in a civil litigation?

Yes, although how effective it would be is another matter.


It might well be, but you would have a devil of a job proving it. Simple breach of contract - they agreed to supply you, and they didn't. Then move on to demonstrating direct and indirect loss.


It's a two step process - establish liability, then assess loss/damages. Remoteness is used to deflect part or all of the claim for damages.

If you proved unable to satisfactorily link the loss to the cause, you might establish liability (they did breach the contract), but still receive next to nothing (we are not satisfied that the breach caused this loss).

Thanks! seems straight forward...