Someone who agrees to procure that someone else performs a contractual obligation is required first to attempt to ensure that that person complies with the obligation, but if he fails to comply then he must pay damages calculated by the amount that ought to have been paid by the third party.
Judges:
Lewison J
Citations:
[2004] 2 BCLC 464
Jurisdiction:
England and Wales
Cited by:
Cited – Nearfield Ltd v Lincoln Nominees Ltd and Lincoln Trust Company Ltd ChD 9-Oct-2006
The claimant sought to enforce a joint venture agreement under which a loan had been made. They said the defendant had accepted an obligation to secure repayment or indemnify them. The defendant said it had adopted only an administrative role.
Lists of cited by and citing cases may be incomplete.
Contract, Damages
Updated: 30 June 2022; Ref: scu.245257