The parties had agreed for the purchase of land, but the buyer, Mr Oates, failed to complete. A notice to complete was served, and on non-compliance, the repudiation was accepted. It proved difficult to resell, and they suffered substantial losses. The court was now asked whether the damages were to be measured by reference to the value at the date of the breach, or to some later date, when in this case, the vendor’s subsewuent losses would be included.
Held: The judge had been right to reject the suggestion that the breach date was decisive.
Judges:
Lloyd, Leveson, Toulson LJJ
Citations:
[2013] EWCA Civ 91, [2013] 3 All ER 211, [2013] 1 P andCR DG22, [2013] 1 EGLR 93, [2014] 2 WLR 743, [2013] 9 EG 93, [2013] WLR(D) 72, [2013] 16 EG 108, [2014] Ch 287
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Laird v Pim and Another 18-Jan-1841
Where a party has been let into possession of lands under a contract of purchase, but does not complete the purchase, and refuses to pay the purchase-money, and no conveyance is executed, the vendors cannot recover from him the whole amount of the . .
Cited – Laird v Birkenhead Railway Co 22-Nov-1859
The plaintiff applied to the defendant railway company for permission to construct and use a private branch line connecting with the railway company’s main line. Agreement was reached for the plaintiff to do so ‘on reasonable terms, which were to be . .
Cited – Johnson v Agnew HL 1979
The seller had obtained a summary order for specific performance of a contract for the sale of land against the buyer.
Held: The breach was continuing and was still capable of being remedied by compliance with the order for specific . .
Lists of cited by and citing cases may be incomplete.
Land, Contract, Damages
Updated: 14 November 2022; Ref: scu.472108