In Ruxley Electronics and Construction Ltd v Forsyth [1996] AC 344, their Lordships stated that [...]. Where there had been a breach of performance resulting in loss of expectation of performance, satisfaction of a personal preference or a pleasurable amenity, but there had been no diminution in value, the court could award modest damages to compensate the claimant. Therefore, the judge's finding that the owner's loss did not extend to the cost of reinstatement, as it would be unreasonable to incur the cost of demolishing the existing pool and building a new and deeper one, would be upheld. Instead, the award of £2,500 was made for loss of amenity. The loss of amenity measure developed in Ruxley is a reflection of the court's growing willingness to accept that a consumer should have an available remedy where their loss is not economic in value, but nevertheless has a value to them.
Answer
the cost of cure and diminution in value were not the only available mechanisms of assessing the expectation interest and the court was not confined to opting for one or the other
Tags
#contract #law #remedies
Question
In Ruxley Electronics and Construction Ltd v Forsyth [1996] AC 344, their Lordships stated that [...]. Where there had been a breach of performance resulting in loss of expectation of performance, satisfaction of a personal preference or a pleasurable amenity, but there had been no diminution in value, the court could award modest damages to compensate the claimant. Therefore, the judge's finding that the owner's loss did not extend to the cost of reinstatement, as it would be unreasonable to incur the cost of demolishing the existing pool and building a new and deeper one, would be upheld. Instead, the award of £2,500 was made for loss of amenity. The loss of amenity measure developed in Ruxley is a reflection of the court's growing willingness to accept that a consumer should have an available remedy where their loss is not economic in value, but nevertheless has a value to them.
Answer
?
Tags
#contract #law #remedies
Question
In Ruxley Electronics and Construction Ltd v Forsyth [1996] AC 344, their Lordships stated that [...]. Where there had been a breach of performance resulting in loss of expectation of performance, satisfaction of a personal preference or a pleasurable amenity, but there had been no diminution in value, the court could award modest damages to compensate the claimant. Therefore, the judge's finding that the owner's loss did not extend to the cost of reinstatement, as it would be unreasonable to incur the cost of demolishing the existing pool and building a new and deeper one, would be upheld. Instead, the award of £2,500 was made for loss of amenity. The loss of amenity measure developed in Ruxley is a reflection of the court's growing willingness to accept that a consumer should have an available remedy where their loss is not economic in value, but nevertheless has a value to them.
Answer
the cost of cure and diminution in value were not the only available mechanisms of assessing the expectation interest and the court was not confined to opting for one or the other
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Open it In Ruxley Electronics and Construction Ltd v Forsyth [1996] AC 344, their Lordships stated that the cost of cure and diminution in value were not the only available mechanisms of assessing the expectation interest and the court was not confined to opting for one or the other. Where there had been a breach of performance resulting in loss of expectation of performance, satisfaction of a personal preference or a pleasurable amenity, but there had been no dimi
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