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Dominion Mosaics and Tile Company Ltd v Trafalgar Trucking Company Ltd and Another

Language: English Series: New Law Journal ; 139(6399) 17 March 1989, 364-365(2)Publication details: 1989Subject(s): Summary: CA 2 March 1989 Appeal by Trafalgar (T) from a decision awarding damages in favour of Dominion (D) in respect of fire damage caused to D`s property by the negligence of T when hired by the council in carrying out work for a road scheme. CA held that the measure of damages is not limited to the diminution in value of the premises as a result of fire, but may extend to the cost of acquiring new premises, if carrying on the business will alleviate the damage which would be caused by loss of profits during the period of rebuilding. D was also not accountable to T for any profit made on the resale of the new premises before trial. Appeal dismissed.
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Law report London Journal article ABS40468 (Browse shelf(Opens below)) 1 Available 24103-1001

CA 2 March 1989 Appeal by Trafalgar (T) from a decision awarding damages in favour of Dominion (D) in respect of fire damage caused to D`s property by the negligence of T when hired by the council in carrying out work for a road scheme. CA held that the measure of damages is not limited to the diminution in value of the premises as a result of fire, but may extend to the cost of acquiring new premises, if carrying on the business will alleviate the damage which would be caused by loss of profits during the period of rebuilding. D was also not accountable to T for any profit made on the resale of the new premises before trial. Appeal dismissed.