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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
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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