212 WHAT MAY BE RECOVERED AS DAMAGES. 



sale, (a) And where the seller resells, he cannot charge the 

 buyer with the difference between the contract price and 

 market value, unless he sell immediately. (6) If, however, 

 there is any special loss known to the parties which will ensue 

 as the result of a breach of the contract, such loss will be 

 estimated in assessing the damages, whether it be loss of 

 profit or not.(c) So also, in the contract of hiring, where an 

 inn-keeper contracted to provide stabling for twelve horses 

 for a plaintiff during a particular fair, and failed to do so, it 

 was held that damages could be recovered for injury caused to 

 the horses by exposure to the weather while he was engaged 

 in finding other stables for them.(cZ) Again, in the contract 

 of carriage, the damages are usually confined to the value of 

 the horse lost or damaged, and in estimating this, the market 

 value at the time and place at which it ought to have been 

 delivered is the usual test of its value, which is taken in full 

 if the animal be killed, but in the case of injury, from this 

 will be deducted what it will fetch in the market. (e) If 

 there be no means of testing the market value, the real value 

 must be ascertained as a fact by taking into consideration the 

 circumstances which would otherwise have influenced the 

 market price, if there had been one, such as costs of car- 

 riage and a reasonable sum for the consignee's profit where 

 he is a dealer in the goods. (/) Where a sender of animals 

 brings it under the notice of the carrier that they must be 

 in time for a certain market, or the carrier must necessarily 

 be aware of this fact, loss of market is to be considered in 

 estimating damages, even when caused by an accident which 

 the carrier cannot show could not have been avoided by 

 ordinary care and foresight on his part.(f/) 



(a) Bell's Pr. 31, Hadlcy, cit. ; Grchert-Borgnis v. Nucjent, ISSo, 15 Q.B.D., 85. 

 (6) Warin <t Craven v. Forrester, 1876, 4 R. 190 ; aff. 4 R.H.L. 75. 



(c) Hammond dj Co. v. Bussey, 1887, 20 Q.B.D. 79. 



(d) M'Mahon v. Field, 1881, L.R. 7 Q.B.D. 591. 



(e) Rice v. Baxendale, 1861, 7 H. and N. 96 ; Wilson v. L. tC- Y. Ry. Co., 1861, 

 9 C.B., N.S. 632 ; O'Hanlan v. O. W. Ry. Co., 1865, 6 B. aud S. 484. 



(/) O'Hanlan, cit. 



(g) Anderson v. N. B. Ry. Co., 1875, 2 R. 443. 



