In what circumstances will a plaintiff be liable for the consequential damages he claims he suffered as a result of the rise in the price of oil during World War II?
Manitoba, Canada
The following excerpt is from Steiman v. Steiman, 1982 CanLII 2973 (MB CA):
In Sachs v. Miklos, supra, at p. 40, Lord Goddard C.J. put the matter of consequential damages in this way: ... it seems to me that if he knew, or ought to have known, of this conversion in or about July, 1944, the damage which he now says that he has suffered owing to the rise in price is damage for which the defendants are not liable because it has not flowed from their act: it has flowed from his act.
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