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A, a ship-owner, contracts to carry B from Calcutta to Sydney in A's ship sailing on 1 January, and B…

Illustration (r) to section 73: A must repay the deposit with interest, the expense of detention in Calcutta and any excess of the second fare over the first, "but not the…

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A, a ship-owner, contracts to carry B from Calcutta to Sydney in A's ship sailing on 1 January, and B pays half the passage-money as a deposit. The ship does not sail. B is detained in Calcutta at some expense, then goes to Sydney in another vessel at a higher fare and, arriving too late, loses a sum of money. Which of these can B recover from A?
(i) The deposit, with interest
(ii) The expense of his detention in Calcutta
(iii) The excess fare paid for the second ship
(iv) The money lost by arriving in Sydney too late

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Answer and explanation

Correct answer C

Illustration (r) to section 73: A must repay the deposit with interest, the expense of detention in Calcutta and any excess of the second fare over the first, "but not the sum of money which B lost by arriving in Sydney too late". The first three flow naturally from the ship's failure to sail. The loss from late arrival depended on B's own affairs in Sydney and is too remote.

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