000 01656cab a2200241 4500
001 ABS53197
008 090401t1995 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u2602
041 _aeng
245 _aRuxley Electronics and Constructions Ltd v Forsyth; Laddingford Enclosures Ltd v Forsyth
260 _c1995
350 _a0
490 _aWeekly Law Reports
_v(1995) 3 WLR 118-140(23)
520 _aHL 29 June 1995. At issue was whether the cost of rectifying a defect in the construction of swimming pool, was recoverable. The contract specified a diving depth of 7ft 6ins, but on completion, the depth was only 6ft. Although there was no adverse effect on the value of the property, the cost of rebuilding the pool to the correct specifications was over £21,000. Judgment for R and L on their claims for the outstanding balance of the contractual price, and an award to F of £2,500 for loss of amenity, dismissing F`s counterclaim for breach of contract, holding that the claim for reinstatement costs was unreasonable. F appealed to the CA. CA allowed the appeal on the basis that the loss as a result of the breach of contract was the amount required to place him in the same position as he would have been had the contract been performed. R and L appealed to the HL. Held, allowing the appeal, that where expenditure was out of proportion to the benefit to be obtained, the measure of damages.
650 _aBREACH OF CONTRACT
650 _aDAMAGES
650 _aDIMINUTION IN VALUE
650 _aMEASURE OF DAMAGES
650 _aSWIMMING POOL
690 _aBUILDING AND CONSTRUCTION-CASE LAW
942 _n0
948 _c04/03/1997
999 _c1570
_d1570