210 WHAT MAY BE RECOVERED AS DAMAGES. 



All parties committing a wrong are liable sing id I in soli- 

 dum in pecuniary reparation, (a) and there is no relief among 

 wrong-doers.(6) If an injured party has obtained full indem- 

 nity from any one, he cannot sue the others in a separate 

 action ; but if he releases any without indemnity, he does 

 not thereby lose his remedy against the rest.(c) In the case 

 of master and servant, a servant injured by his fellow-servant 

 may recover against him, for a person is none the less answer- 

 able for a wrongful act because it is done by the order or 

 authority of another, (f?) 



169. What may be recovered as Damages for Breach of 

 Contract. — It depends whether an action is founded on 

 breach of contract or on delict Avhat may be recovered. 

 Though the general rule is that consequential or remote 

 damages are never allowed, whatever be the ground of the 

 action, yet the application of this rule suffers a more strict 

 interpretation in contract than in delict. Direct damage 

 only, and the expenses of obtaining reparation, are all that 

 can be recovered under a breach of contract, where there has 

 been no fraud ; but, if there has been fraud, certain losses are 

 considered as direct which would have been regarded as too 

 remote, had there been no fraud ;(e) and, even in that case, 

 purely speculative and hypothetical sources of benefit are not 

 allowed to be computed, on the ground of their not being the 

 natural and proximate consequences of the loss. Therefore, 

 where a cattle dealer fraudulently represented a cow to be 

 free from infectious disease Avhen he knew that it was not so, 

 and the purchaser placed it with five others which caught 

 the disease and died, the latter was held entitled to recover 

 as damages, in an action for fraudulent misrepresentation, the 



(a) Ferguson v. E. of Kinnoul, 1842, 1 Bell's App. 662 : Western Bank v. 

 Bairds, 1862, 24 D. 859. 



(6) Ersk. iii. 1, 15. 



(c) Fcrguion, cit. See also L.J.C. Inglis in li(i. Western Bank v. Douglas, 1860, 

 447, 476. 



{(l) Mackenzie v. Goldie, 1866, 4 M. 277. See also § 150. 



(e) B. Pr. 33. 



