The parties entered into an agreement allowing the defendant to occupy the plaintiff’s land. They had disputed whether it was a licence or a lease. The occupier had expended sums on improving the premises, but had then been summarily ejected. He now claimed damages. Other premises had become available and he otherwise had no losses, and indeed had not had to pay rent for what should have been his notice period. The court refused to award damages by reference to wasted expenses where the expenses would have been wasted in any event by reason of the terms of the contract.
Judges:
Ackner LJ, Fox LJ
Citations:
[1983] EWCA Civ 5, [1983] 1 WLR 1461, [1983] 3 All ER 94
Links:
Jurisdiction:
England and Wales
Citing:
Followed – Bowlay Logging Limited v Domtar Limited 1978
(Canada) The parties contracted for the claimant to cut timber and the defendant to haul it. The plaintiff said that the defendant breached the contract by supplying insufficient trucks to haul the timber away, and claimed as damages his wasted . .
Cited – L Albert and Son v Armstrong Rubber Co 1949
(United States Court of Appeals, Second Circuit) A purchaser of machines designed to recondition rubber sought damages for breach of contract, namely, the cost of the foundation on which the machines were placed. However, the purchaser did not prove . .
Cited by:
Cited – Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd ComC 4-Aug-2010
Lost Expenses as Damages for Contract Breach
The court was asked as to the basis in law of the principle allowing a contracting party to claim, as damages for breach, expenditure which has been wasted as a result of a breach. The charterer had been in breach of the contract but the owner had . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 23 November 2022; Ref: scu.262668