The burden of proof in establishing betterment to reduce a damages award is on the defendant.
Citations:
(1997) 57 Con LR 65
Jurisdiction:
England and Wales
Cited by:
Appeal from – Skandia Property (UK) Limited Vala Properties Bv v Thames Water Utilities Limited CA 27-Jul-1999
The defendants were liable after a flood invaded and damaged the plaintiff’s premises. Having been advised professionally that the waterproofing system in the property would need replacing, the plaintiffs so replaced it but, it turned out, . .
Cited – Pegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000
Standard Conract – Wide Exclusions, Apply 1977 Act
The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or . .
Lists of cited by and citing cases may be incomplete.
Construction, Damages
Updated: 01 May 2022; Ref: scu.238589
