CEMP Properties Ltd v Dentsply Research and Development Corp
Language: English Series: Estates Gazette ; (1989) 37 EG 133-136(3)Publication details: 1989Subject(s): Summary: ChD 21 March 1989. The third stage in proceedings brought by purchaser (C), against vendor (D). The first two stages established D`s liability under the Misrepresentation Act 1967 and quantification of damages awarded to C for misrepresentation . The third stage, relates to a third party claim against D`s solicitors (S). The point at issue is whether S was liable to indemnify D against costs, and damages awarded to C. S contended that such an indemnity amounted to unjust enrichment for D. D`s claim was based on: 1) the liability of an agent to indemnify his principle in respect of damages suffered, through the agent`s failure to exercise due care or skill and 2) the provisions of the Civil Liability (Contribution) Act 1978 s1(1). ChD rejected the suggestion that to indemnify D against the award of damages would be unjust enrichment, as the award was not based on calculations of market value, but on extra costs incurred by C. ChD found S to be liable on the first of the two points; S| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS41412 (Browse shelf(Opens below)) | 1 | Available | 29989-1001 |
ChD 21 March 1989. The third stage in proceedings brought by purchaser (C), against vendor (D). The first two stages established D`s liability under the Misrepresentation Act 1967 and quantification of damages awarded to C for misrepresentation . The third stage, relates to a third party claim against D`s solicitors (S). The point at issue is whether S was liable to indemnify D against costs, and damages awarded to C. S contended that such an indemnity amounted to unjust enrichment for D. D`s claim was based on: 1) the liability of an agent to indemnify his principle in respect of damages suffered, through the agent`s failure to exercise due care or skill and 2) the provisions of the Civil Liability (Contribution) Act 1978 s1(1). ChD rejected the suggestion that to indemnify D against the award of damages would be unjust enrichment, as the award was not based on calculations of market value, but on extra costs incurred by C. ChD found S to be liable on the first of the two points; S