000 02054cab a2200205 4500
001 ##L134578
008 060817n2006 000 0 eng u
035 _a(Sirsi) u134578
041 0 _aeng
245 0 0 _aTechnotrade Ltd v Larkstore Ltd
260 _c2006
520 _a[2006] EWCA Civ 1079, 27 July 2006. Appeal by T, a surveying company, against a decision that its report on the physical condition of land which had been prepared for S, and then assigned to L, could be relied on by L in a breach of contract claim against T. The report by T had recommended that a sloping site was suitable for residential development. After S sold the site to L, a landslip occurred on the land that damaged adjoining properties, whose owners then sued L. S then assigned to L its rights and benefits under the report and the right to sue T. A preliminary issue arose as to whether L was able to recover the loss it had suffered by relying on the deed of assignment. The judge found that L would be entitled to recover substantial damages from T, even though S had not suffered damage when it was entitled to the benefit of the contract, and the landslip had occurred before the assignment. T appealed. "Held": L had the right to sue T for breach of contract. S had assigned to L a cause of action for breach of contract against T and the legal remedies for it. The assignment did not prejudice T by exposing it to a claim for damages by L that S could not have brought. If S had not sold the land to L, it would not have assigned the cause of action, and it could have recovered substantial damages against T for the landslip. Appeal dismissed.
590 _aIKA220806
650 2 4 _aTECHNOTRADE LTD V LARKSTORE LTD
650 2 4 _aLINDEN GARDENS TRUST LTD V LENESTA SLUDGE DISPOSALS LTD
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-PROPERTY ACQUISITION AND DISPOSAL-ASSIGNMENT
856 4 0 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2006/1079.html
_zView the item free of charge at www.bailii.org/...
942 _n0
999 _c77573
_d77573