“Esmeralda” is O Grady v. Westminster Scaffolding Ltd, [1962] 2 Lloyds Rep. 238 (QB)
From: Samuel Beswick <sbeswick@sjd.law.harvard.edu>
Reply-To: "sbeswick@law.harvard.edu" <sbeswick@law.harvard.edu>
Date: Tuesday, March 24, 2020 at 1:20 PM
To: "jneyers@uwo.ca" <jneyers@uwo.ca>
Cc: "obligations@uwo.ca" <obligations@uwo.ca>
Subject: Re: ODG: Non-pecuniary loss for damage to property
Dear Jason,
Yes! My opportunity for self-promotion has arrived! See cases cited in:
https://doi.org/10.1093/ojls/gqv009
Ruxley Electronics is the famous English case. There are also a number involving ships and cars in England and Australia which, I venture to assert, were wrongly decided.
All the best,
Sam
On Tue, Mar 24, 2020 at 1:07 PM Jason W Neyers <jneyers@uwo.ca> wrote:
Dear Colleagues:
First, I hope that you are feeling well and have found a safe place to isolate away from the pandemic.
Second, do any of you know of any interesting Commonwealth cases or discussions dealing with the recovery of damages other than market/replacement value, such as for upset or grief or for cost of repair where these would be otherwise uneconomical, for personal property. I seem to remember a case about a car called “Esmeralda” where such damages were alluded to or awarded but I cannot seem to locate it in any searches. I am aware of American caselaw dealing with pets, but was looking for something more Commonwealth focused.
I have a student doing a comparative examination of the law in Norway and the English Commonwealth who is not finding much in her researches, so any leads, including all self-promotion, would be very much appreciated.
Sincerely,
Jason Neyers
Professor of Law
Faculty of Law
Western University
Law Building Rm 26
e. jneyers@uwo.ca
t. 519.661.2111 (x88435)
