| 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 |
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