Damages/Property survey
Chappell, D.
Damages/Property survey - 1989 - Architects` Journal 189(18) 3 May 1989, 69-70(2) .
Discussion of E Turner and Sons Ltd v Mathind Ltd (1986) (Unreported). Written terms incorporated into an oral contract do not give that contract the status of a written contract; a sum is not a penalty just because it is greater than the actual loss suffered; there is no reason why a single liquidated damages clause in a contract should be the limit of all losses in respect of late completion of phased handovers and if parties to a contract intended phased handovers to be contractual, they generally would be so and would give rise to damages .
Damages/Property survey - 1989 - Architects` Journal 189(18) 3 May 1989, 69-70(2) .
Discussion of E Turner and Sons Ltd v Mathind Ltd (1986) (Unreported). Written terms incorporated into an oral contract do not give that contract the status of a written contract; a sum is not a penalty just because it is greater than the actual loss suffered; there is no reason why a single liquidated damages clause in a contract should be the limit of all losses in respect of late completion of phased handovers and if parties to a contract intended phased handovers to be contractual, they generally would be so and would give rise to damages .