Land was sold at auction. The particulars appeared to included valuable milk quota. The vendor was unable to complete, but no completion notice was served. The judge had held that the correct measure of damages was the difference (in financial terms) between what would have happened had a completion notice been served by Mr Williams and what actually happened. That sum was small.
Held: the judge’s treatment of the evidence was unsatisfactory. Had the purchaser obtained possession, he might have been able to trade at a profit for the intervening period. Damages were increased to reflect those losses.
Judges:
Lord Justice Auld Lord Justice Clarke Lord Justice Jonathan Parker
Citations:
[2003] EWCA Civ 750
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Banco de Portugal v Waterlow and Sons Ltd HL 28-Apr-1932
Lord Macmillan said: ‘Where the sufferer from a breach of contract finds himself in consequence of that breach placed in position of embarrassment the measures which he may be driven to adopt in order to extricate himself ought not to be weighed in . .
Lists of cited by and citing cases may be incomplete.
Damages, Professional Negligence
Updated: 07 June 2022; Ref: scu.183376
