Leigh and Sillivan v Aliakmon [1986]

Appellants were c&f buyers of goods carried in
respondent’s ship.
Damage was done to the goods at a time when risk, but
not legal ownership, had passed to appellants.
Did respondent owe duty of care in tort to appellants?
House of Lords held not.
Lord Brandon (with whom rest of House of Lords agreed)
stated that to claim in negligence for loss or damage to property, was
necessary to have possessory title to property at time loss or damage occurred.
Contractual rights not sufficient.
If exception made to this general rule, may be
floodgate problems.