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A company buys drums of an industrial cleaning acid from a woman and stores them in its factory. The drums are not suitable for the storage of the acid and the acid leaks causing damage to the floor of the factory.
A company employee sees that damage to the floor is being caused by the leak but fails to move the drums. The drums could have been moved at no cost to the company. The company claims £5,000 which is the cost of the repair to the floor. The woman refuses to pay that amount arguing the damages payable should be lower.
Will the woman succeed in her argument?
A. Yes, because the company is under a duty to minimise its losses by moving the drums.
B. Yes, because the company is guilty of contributory negligence by not moving the drums.
C. No, because the woman must compensate the company for all losses flowing from the breach.
D. No, because the woman must compensate the company for all losses that are in the reasonable contemplation of the company.
E. Yes, because there is a break in the chain of causation.
A - Yes, because the company is under a duty to minimise its losses by moving the drums.
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