Ruxley Electronics and Constructions Ltd v Forsyth; Laddingford Enclosures Ltd v Forsyth
Language: English Series: Weekly Law Reports ; (1995) 3 WLR 118-140(23)Publication details: 1995Subject(s): Summary: HL 29 June 1995. At issue was whether the cost of rectifying a defect in the construction of swimming pool, was recoverable. The contract specified a diving depth of 7ft 6ins, but on completion, the depth was only 6ft. Although there was no adverse effect on the value of the property, the cost of rebuilding the pool to the correct specifications was over £21,000. Judgment for R and L on their claims for the outstanding balance of the contractual price, and an award to F of £2,500 for loss of amenity, dismissing F`s counterclaim for breach of contract, holding that the claim for reinstatement costs was unreasonable. F appealed to the CA. CA allowed the appeal on the basis that the loss as a result of the breach of contract was the amount required to place him in the same position as he would have been had the contract been performed. R and L appealed to the HL. Held, allowing the appeal, that where expenditure was out of proportion to the benefit to be obtained, the measure of damages.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS53197 (Browse shelf(Opens below)) | 1 | Available | 2602-1001 |
HL 29 June 1995. At issue was whether the cost of rectifying a defect in the construction of swimming pool, was recoverable. The contract specified a diving depth of 7ft 6ins, but on completion, the depth was only 6ft. Although there was no adverse effect on the value of the property, the cost of rebuilding the pool to the correct specifications was over £21,000. Judgment for R and L on their claims for the outstanding balance of the contractual price, and an award to F of £2,500 for loss of amenity, dismissing F`s counterclaim for breach of contract, holding that the claim for reinstatement costs was unreasonable. F appealed to the CA. CA allowed the appeal on the basis that the loss as a result of the breach of contract was the amount required to place him in the same position as he would have been had the contract been performed. R and L appealed to the HL. Held, allowing the appeal, that where expenditure was out of proportion to the benefit to be obtained, the measure of damages.