Performance Cars Ltd v Abraham

A defendant who damages property that has already been damaged by someone else is not liable for the cost of repairing damage that already existed.

Citation
[1962] 1 QB 33
Court
Court of Appeal (Civil Division)
Year
1962
Subject
Tort Law
Topic
Causation

Facts

Performance Cars owned a Rolls Royce, which was damaged in a collision with another car, caused by the other driver's negligence, so that it needed a respray of its lower part. Before the respray was done, it was involved in a second collision, caused by Mr Abraham's negligence, which damaged the same part of the car, again requiring a respray. Performance Cars sued Mr Abraham for the cost of the respray.

Legal principle

The Court of Appeal held that Mr Abraham was not liable for the cost of the respray. Lord Evershed MR said that, when Mr Abraham collided with the car, it already needed a respray because of the first collision, so his negligence had not caused the need for the respray. The owner's claim for the respray was against the first driver. A defendant takes the claimant as he finds him, including in a damaged state.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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