Source: All England Reporter
Publisher Citation: [2002] All ER (D) 476 (Oct)
Court: Court of Appeal, Civil Division
Judge:

Aldous and Dyson LJJ

Representation Peter Sheridan QC and Donald McCue (instructed by Gulbenkian Harris Andonian) for the claimants.
  Derek Wood QC (instructed by Virdee & Virdee) for the second defendant.
  The fourth defendant appeared in person.
Judgment Dates: 31 October 2002

Catchwords

Damages and compensation - Assessment of damages - Breach of warranty - Approach to assessment of damages for breach of warranty.

The Case

Damages for breach of warranty were calculated by the extent to which a claimant would have been better off had the information he had been given been correct. In the instant case, the claimants would have been no better off had the fourth defendant been correct when he had impliedly warranted to them that he had authority on behalf of the first defendant to bind it in the sale of a property, since in any event the claimants would not have been in a position to complete that sale on the completion date. Accordingly, the judge's award of nominal damages for breach of warranty had been correct.

Practice Areas

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