000 01269cab a2200193 4500
001 ABS38649
008 090401t1987 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u11742
041 _aeng
245 _aDean v Ainley
260 _c1987
350 _a0
490 _aAll England Law Reports
_v(1987) AllER 748-755(8)
520 _aHL 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.
650 _aHOUSE SALES
690 _aPROPERTY LAW AND PRACTICE-CASE LAW
942 _n0
948 _c04/03/1997
999 _c7496
_d7496