Dean v Ainley
Language: English Series: All England Law Reports ; (1987) AllER 748-755(8)Publication details: 1987Subject(s): Summary: HL 14 July 1987 Appeal by plaintiff (D) against QBD decision giving judgement for D for nominal damages of 5 in an action against the defendant (A) for breach of contract for the sale of a house. The contract terms contained a covenant by A to carry out remedial work to prevent the leaking of water from the patio into the cellar . After the sale was completed, D discovered that water was still leaking into the cellar and that the remedial work was inadequate. He took action against A for breach of contract. Declaring that D had only suffered nominal damage, QBD awarded him 5. On appeal, CA held that D was entitled to recover the cost of carrying out the necessary remedial works in the cheapest way possible to constitute fulfillment of A`s contractual obligation. Appeal allowed and D awarded 7,500 damages.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS38649 (Browse shelf(Opens below)) | 1 | Available | 11742-1001 |
HL 14 July 1987 Appeal by plaintiff (D) against QBD decision giving judgement for D for nominal damages of 5 in an action against the defendant (A) for breach of contract for the sale of a house. The contract terms contained a covenant by A to carry out remedial work to prevent the leaking of water from the patio into the cellar . After the sale was completed, D discovered that water was still leaking into the cellar and that the remedial work was inadequate. He took action against A for breach of contract. Declaring that D had only suffered nominal damage, QBD awarded him 5. On appeal, CA held that D was entitled to recover the cost of carrying out the necessary remedial works in the cheapest way possible to constitute fulfillment of A`s contractual obligation. Appeal allowed and D awarded 7,500 damages.