Defective reasoning
Foley, R.
Defective reasoning - 1997 - Building 267(7981) 14 March 1997, 41(1) .
Asks whether "Ruxley Electronics and Construction Ltd v Forsyth" decision is relevant to commercial contracts. The case reaffirmed the principle that while cost of rectification is generally the right measure of damage for defective work, that rule will not apply where the cost of remedial work is disproportionate to the end to be achieved.
DAMAGE
DEFECTIVE WORK
FREEMAN V MOHAMMED NIROOMAND
MEASURE OF DAMAGES
RECTIFICATION
RUXLEY ELECTRONICS AND CONSTRUCTION LTD V FORSYTH
TECHNICAL DEFECT
Defective reasoning - 1997 - Building 267(7981) 14 March 1997, 41(1) .
Asks whether "Ruxley Electronics and Construction Ltd v Forsyth" decision is relevant to commercial contracts. The case reaffirmed the principle that while cost of rectification is generally the right measure of damage for defective work, that rule will not apply where the cost of remedial work is disproportionate to the end to be achieved.
DAMAGE
DEFECTIVE WORK
FREEMAN V MOHAMMED NIROOMAND
MEASURE OF DAMAGES
RECTIFICATION
RUXLEY ELECTRONICS AND CONSTRUCTION LTD V FORSYTH
TECHNICAL DEFECT