000 01368cab a2200205 4500
001 ABS39509
008 090401t1988 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u17231
041 _aeng
245 _aParis Oldham and Gijlstra v Staffordshire Building Society
260 _c1988
350 _a0
490 _aEstates Gazette
_v(8827) 9 July 1988, 71-72(2)
520 _aCA 25 February 1988 Appeal by Staffordshire Building Society (S) from the decision of the district registrar , awarding damages to Paris Oldham and Gijlstra (P), solicitors , for breach of agreement to assign to P the head lease of office premises in Stafford. CA held that the registrar`s assessment could not stand, but the court did not possess the material to determine the proper figure itself. Attention was drawn to the correct guidelines mentioned by the registrar, 1) the proper course was to assess damage for the loss of a bargain, the rule in Bain v Fothergill not applying; 2) the case was one for exemplary damages and 3) the loss of the bargain must be assessed on the basis that the premises were being acquired as an investment and not for occupation by the purchasers. Appeal allowed and new trial ordered.
650 _aASSIGNMENT
650 _aBUSINESS TENANCIES
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c04/03/1997
999 _c11425
_d11425