Ruxley Electronics and Construction Ltd v Forsyth [1995] UKHL 8
Citation:Ruxley Electronics and Construction Ltd v Forsyth [1995] UKHL 8
Rule of thumb:Can stress and inconvenience be claimed as a head of damages? Generally no, not unless it is specifically affirmed that it can be. If a contract for comfort and amenity is breach then this can be claimed as a head of damages, and so can some other specific situations. If builders do not build a person’s home to the specifications stated then this can be claimed as a head of damages.
This is a seminal case on the law of remedy. This case affirmed that where there are certain contracts that are deisgned to provide peace and comfort then if a breach of them can be established there should be damages for stress and inconvenience caused - known as loss of amenity.
Background facts:
The facts of this case were that builders were employed to build a swimming pool in someone’s back garden. They did so but did not build it to the exact dimension required. The deep end of the pool was not at the required meaning that people could not dive as well into the pool.
Parties argued:
The pursuer argued the cost to rip up this pool and build another one was around £20,000 – a principle called ‘cost of cure’ which the pursuer argued applies. The defenders got a surveyor to value the house and the surveyor stated that the value of the house was not reduced by not having the pool at the required depth – they argued that the ‘cost of cure’ principle did not apply.
Judgment:
The Court held that the ‘loss of amenity’ principle applied – the Court held that the pursuer was entitled to ‘loss of amenity’ of £2,500 for not having the pool built correctly but not the ‘cost of cure’.
Ratio-decidendi:
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Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.