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Hadley v. Baxendale

FACTS The plaintiffs operated a flour mill at Gloucester. They had to stop operating the mill because of a broken crankshaft attached to the steam engine that furnished power to the mill. It was necessary to send the broken shaft to a foundry in Greenwich so that a new shaft could be made. The plaintiffs delivered the broken shaft to the defendants, who were common carriers, for immediate transportation from Gloucester to Greenwich but did not inform the defendants that the mill had ceased operating because of the broken crankshaft. The defendants received the shaft, collected the freight charges in advance, and promised the plaintiffs to deliver the shaft for repairs the following day. The defendants did not make prompt delivery as promised. As a result, the plaintiffs could not operate the mill for several days, thus losing profits that they otherwise would have received. The defendants contended that the loss of profits was too remote, and therefore unforeseeable, to be recoverable. In awarding damages to the plaintiffs, the jury was permitted to consider the loss of these profits.

DECISION Judgment for defendants.

OPINION The appellate court reversed the decision and ordered a new trial on the ground that the special circumstances that caused the loss of profits, namely, the continued stoppage of the mill while awaiting the return of the new crankshaft, had never been communicated by the plaintiffs to the defendants. A common carrier would not reasonably foresee that the plaintiff’s mill would be shut down as a result of delay in transporting the broken crankshaft. Damages for
breach of contract should be such as may fairly and reasonably be considered either arising naturally, i.e., according to the usual course of things, from such breach … or such as may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract, as the probable result of the breach of it.

INTERPRETATION Damages are recoverable only for those damages that were foreseeable at the time of entering into the contract.

ETHICAL QUESTION Is the court’s decision fair? Explain.

CRITICAL THINKING QUESTION Should damages be limited to those that are foreseeable? Explain.

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Living through a pandemic, surrounded by death and illness and growing inequality, is a difficult thing. But when adding toall that feelings of guilt around still being alive and even well, it just compounds the psychological effects of the pandemic.We all know the coronavirus pandemic has had and continues to affect many people in ways that are unseen. Whilemillions of people are falling ill and passing away from the virus, there are millions of others who are living with thepsychological effects. These are often not visible in any way.What is survivors’ guilt?One of the emerging experiences of the pandemic is the feeling of guilt, more specifically survivors’ guilt. Survivors’ guilttakes place when an individual experiences and survives a traumatic experience but they find themselves feeling like theyare undeserving of survival or that someone else would have been more deserving. It is a form of post-traumatic stressdisorder (PTSD).Survivors’ guilt as a psychological condition emerged after the Holocaust. It has also been documented among active-dutycombat veterans; survivors of events like the 9/11 attacks, mass shootings, or serious illness.Experts have now said that this is becoming more and more common as the pandemic continues. Akua K. Boateng, PhD,
LPC, a licensed psychotherapist, told Healthline that “it can be really challenging to have a positive or better outcome post-trauma when you know that others have not been afforded a similar opportunityâ€Â.
This type of guilt affects everyone and no one is immune because we are all experiencing collective trauma. However, it islikely to be more common in people who have been infected by the virus and recovered. Those who are dealing with longCovid could get reminders of guilt everyday. People who might have spread the virus without knowing can also experienceit. The pandemic has presented many ethically difficult scenarios. This includes not being able to comfort an ill familymember in person, surviving when others are dying, and being unable to provide for one’s family because of loss ofemployment. These can all cause guilt.A guide to caring for patients with mild and moderate Covid-19 at homeThe psychological effects of the pandemicProf. Puleng Segalo, professor of psychology at the University of South Africa, told The Daily Vox that some of thepsychological effects of the pandemic have been loneliness, a sense of helplessness, anxiety and depression. Segalo saidbecause the pandemic has affected people differently, there might be those who feel guilty that people around them areexperiencing loss and they are not.“Things might be going well for them at work and interpersonal relationships are intact, while others are losing their jobs asa result of the economic impact of COVID-19. There are things that are often out of an individual’s control but they may feelsomehow responsible and this may lead to them feeling guilty,†said Segalo.All of this can be seen as survivors’ guilt. People can become consumed by reports of the pandemic and wonder why theyhave been spared. Segalo said it can manifest in a huge emotional load that may affect sleeping patterns, cause stress andsome physical symptoms of being unwell (e.g. headaches).Dealing with the guiltIn a piece on The Conversation, David Chesire and Mark S. McIntosh from the University of Florida wrote that managingsurvivor’s guilt is an individual process, and what works for one may not work for another. There is a recognition that evenas people go through individual grieving processes, healing comes from realising how connected we all are.Segalo said that it is important for people to know and realise that this feeling of guilt is normal and it shows that “you canfeel for othersâ€Â. “Most of all, acknowledging that you do not have to go through dealing with trauma alone but collectively isimportant,†said Segalo.
Some tips that Prof Segalo gave for dealing with survivors’ guilt:Shifting from internalising and instead finding people/safe avenues to express how you are feeling can assist with lifting theload you are carrying.Exercise some self-care, write about your feelings, meditate and consider being involved in charitable organisations eithermonetarily or assisting in other ways necessary.Leaning on your friends and family members for emotional support. Having trusted people in your life on whose shouldersyou can cry is critical.You may also consider going for professional psychological counselling or joining a support group.For religious people, turning towards their spirituality can be helpful.

The case has not provided a suitable definition of downsizing. Provide a description of what you understand by downsizingand how COVID – 19 has perpetuated further downsizing in South Africa.

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In the various market research efforts made by Caff è Nero, some of the possible measurements appear in the list below. Categorize these by level of data. Think of some other measurements that Caff è Nero researchers might have made to help them in this research effort, and categorize them by level of data.

a. Number of coffees consumed per week per person

b. Age of coffee purchaser in Caff è Nero

c. Postal code of the survey respondent

d. Pounds spent per month on coffee per person

e. Time in between purchases of coffee

f. Taste rating of a given type of coffee on a scale from 1 to 10, where 1 is very poor tasting and 10 is excellent taste

g. Ranking of the taste of four types of coffee on a taste test

h. Number representing the geographic location of the survey respondent

i. Quality rating of a type of coffee as excellent, good, average, below average, poor

 j. Number representing the type of coffee being evaluated

k. Gender of survey respondent

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Measuring Reaction Time Researchers wanted to determine whether the reaction time (in seconds) of males differed from that of females to a go/no go stimulus. The researchers randomly selected 20 females and 15 males to participate in the study. The go/no go stimulus required the student to respond to a particular stimulus and not to respond to other stimuli. The results are as follows:

(a) Is it reasonable to use Welch’s -test? Why? Note: Normal probability plots indicate that the data are approximately normal and boxplots indicate that there are no outliers.

(b) Test whether there is a difference in the reaction times of males and females at the  level of significance.

(c) Draw boxplots of each data set using the same scale. Does this visual evidence support the results obtained in part (b)?

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