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- This topic has 1 reply, 2 voices, and was last updated 7 years ago by
MikeLittle.
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- December 23, 2017 at 5:42 pm #424582
Sir please explain me the following
in cases involving building
contracts as there are two ways in which the damages could, in theory, be
measured:A the damages could be the difference in value between the building as it
has been completed and its value if it had been properly completed, or
B the cost of rebuilding so that it meets the required specifications.The usual measure of such damages is the cost of repairing the faulty work,
known as the ‘cost of cure’. However, this may not be the case where the
costs of remedying the defects are disproportionate to the difference in
value between what was supplied and what was ordered.Also please explain me the following case
Ruxley Electronics and Construction Ltd v Forsyth (1995)
Facts: The parties had entered into a contract for the construction of a
swimming pool. Although the contract stated that the pool was to be
7ft 6in deep at one end, the actual depth of the pool was only 6ft 9in.
The total contract price was around £18,000. Fixing the error would
have required a full reconstruction and would have cost about
£21,000.
Held: The House of Lords considered that, as the costs of reinstatement
would have been out of all proportion to the benefit gained, the
difference in value only should be awarded. This was £0 as the pool
as constructed was just as suitable for swimming and diving as one
built to the original specification. However, the House of Lords did
uphold the lower court’s award of £2,500 for loss of
amenity/enjoyment (although they commented that the amount was
on the high side).December 23, 2017 at 8:26 pm #424599What is there to explain? The pool was built – it was a swimming pool that was ordered and it was a swimming pool that was built
As I mention in lectures the only reason that I can imagine that the Court would find differently would be if the claimant was an olympian that needed a pool of olympian measurements for the purposes of training in ideal conditions
Move on and stop drowning in this minutiae!
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