In this respect, the trial Judge stated at pp. 14-5 [at p. 601 N.B.R.] of his reasons that even if clause 4 in the bill of lading did govern, ... it applies to the goods only and the selling price of the potatoes plus freight is that value ... It does not deal with related damages. and at p. 19 [p. 605] of his reasons, he stated: Section 4 sets forth a method for computing the loss as being the value of the goods at the place and time of shipment. I find this value to be the selling price, and not the replacement value, and to be the same at the shipping point as at the port. The conditions deal with "damage to the goods" and after that is computed ... I find the carrier reverts to the position of a common carrier and that consequential damages are not excluded and Hadley v. Baxendale, 156 E.R. 151, applies to any further assessment in contract.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.