LAW & LEGAL ISSUES

“Law of Contract & Law of Tort”

[Name of Student]



[Name of Instructor]

Abstract

In this paper we shall study two separate cases and their details which are Corr v IBC Vehicles 2008 AC 884 and Transfield Shipping Inc. v Mercator Shipping Inc. (The Achilleas) 2009 1 AC 61. We will study the main legal principles relating to remoteness of damage which arise from these cases; and critically analyse the interrelationship of contract law and tort law in the area of remoteness of damage. We will study both the contract law and tort law in good detail to understand what the cases are all about.

Law of Contract & Law of Tort

Law of Contract & Law of Tort

Introduction

Corr v IBC Vehicles 2008 AC 884 and Transfield Shipping Inc. v Mercator Shipping Inc. (The Achilleas) 2009 1 AC 61 are the two cases that we will discuss. In both the cases we will emphasize on main legal principles related to the remoteness of damage. We will anaylse the Law of Contract and Law of Tort in the area of remoteness and also discuss the interrelationship of both contract law and tort law.

Discussion

Corr v IBC Vehicles 2008 AC 884

Main Legal Principles Relating To Remoteness of Damage

Background of the Case

Mr. Corr was an employee of the appellant company and worked as an engineer there. The organization produced vehicles for commercial use. On 22 June 1996, when Corr was around 31 years in age, Mr. Corr was busy in his work doing stuff on a sample array of presses which manufactured panel sheets for Vauxhall vehicles. The machine pulled out up a panel made up of metal through the press, with no sort of forewarning, and shifted it powerfully in Mr. Corr's way. If he wouldn't have moved his head it would have been chopped off but the right hand area of his head got badly injured especially his right ear.

Mr. Corr went through deep depression after this accident. The depression when accessed turned out to be so serious that it was taking him towards the decision of committing suicide. He was given proper treatment through electro-convulsive therapy but on 23rd May 2002, while he was undergoing a phase of immense depression, Mr. Corr did suicide as he jumped from the roof of a multi-storey car park in.

The Court of Appeal spent a great amount of time and effort dealing with the decision of the House of Lords in Corr v IBC Vehicles [2008] 1 AC 884 which concerned how the damages of suicide could be recovered. What was felt by them was that several same arguments would come up as per the case of blameworthy homicide if the homicide was because of certain psychiatric injury.

Their Lordships in the House of Lords highlighted more on the public policy features of recoverability instead of upon particular inquiries of causation, remoteness and forseeability of the suicide.

The Lord's Explanation

The lords were of the opinion that this appeal should be dismissed. They said that it was ...