“No liability for damage to property already damaged by another tortfeasor.”
The plaintiff's Rolls Royce was damaged in two separate collisions. The first collision damaged the car's paintwork. Before repairs were completed, the defendant negligently caused a second collision damaging the same area of paintwork. The plaintiff claimed the cost of respraying from both defendants.
Whether a defendant tortfeasor is liable for damage to property that has already been damaged by a previous tortfeasor when that damage has not yet been repaired.
The court held that the second defendant was not liable for the cost of respraying as the car already required respraying due to the first accident. The plaintiff could not recover twice for the same damage.
This case establishes an important limitation on tortious liability, preventing double recovery and ensuring defendants only pay for losses they actually cause. It remains a key authority on causation and the assessment of damages in tort law, particularly relevant for students studying negligence and damages.
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OSCOLA Citation
Performance Cars v Abraham [1962] 1 QB 33
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