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.
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.
Related cases on causation
- Baker v Willoughby [1970] AC 467
- Barker v Corus UK Ltd [2006] UKHL 20, [2006] 2 AC 572
- Barnett v Chelsea and Kensington Hospital Management Committee [1969] 1 QB 428
- Bonnington Castings Ltd v Wardlaw [1956] AC 613
- Chester v Afshar [2004] UKHL 41, [2005] 1 AC 134
- Fairchild v Glenhaven Funeral Services Ltd [2002] UKHL 22, [2003] 1 AC 32
- Gregg v Scott [2005] UKHL 2, [2005] 2 AC 176
- Hotson v East Berkshire Area Health Authority [1987] AC 750
Studying tort law? Our tutors help you understand and apply cases like this in essays, problem questions and exams. Request a quote or browse our law notes.
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.
