Because the defendant was not aware of this situation, he was held not to be liable. In tort law, this would presumably not be the case. For instance, in the Overseas Tankship case, the defendant was aware that there was oil beneath the dock, and they continued to spark welding material into the oil anyway. They were not held liable, despite having knowledge of plaintiff's special vulnerability. This is because it wasn't foreseeable that oil would ignite in water. Likewise, it would not have necessarily been foreseeable by the defendant in Victoria Laundry that his negligence would cause Victoria Laundry not to get the contract with the ministry of supply, yet the Victoria Laundry court implied that, if the defendant had the knowledge that Victoria Laundry was trying to get this contract, the defendant might have been held liable. Another difference between the tort and contract doctrines is that, in contract law, a higher degree of probability that the loss would occur is needed for liability than in tort law. This is because, in contracts, the parties have an opportunity to apportion the liabilities and contingencies through the contract itself, while, in torts, there is no such opportunity. Interconnectedness between the two bodies of law.
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