The company had erected and tested two experimental davits for the appellant. They were then taken down and left unused for many years. The parties disputed the account. The company claimed also for damages for detinue or conversion of the davits which had eventually sold as scrap. The judge had awarded the scrap value of the equipment as sold.
Held: The company should have been awarded the values of the equipment sold, at the price of similar articles in the market. In this case there was no such second hand market, and the meausre was the cost of buying alternatives.
Citations:
[1937] 3 All ER 620
Cited by:
Cited – HM Revenue and Customs, Regina (on the Application of) v Raymond Machell QC and others Admn 21-Nov-2005
The claimant had had goods taken and destroyed by Revenue and Customs, which had been found to be wrongfully condemned. They had been awarded the market value of the goods at UK prices, though they had been bought in France.
Held: The market . .
Cited – Penelope Wilson v Howard (Pawnbrokers) Ltd CA 4-Feb-2005
The customer challenged a series of pawn agreements. The broker appealed the finding that the contracts were invalid, on the basis that the judgment had created an unjust enrichment.
Held: The appeal failed: ‘in pawn transactions the debtor is . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Damages
Updated: 10 May 2022; Ref: scu.235496