Girish Mahajan

CandP Haulage v Middleton

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Judge(s) sitting  Ackner LJ
C&P Haulage v Middleton
Citation(s)  [1983] EWCA Civ 5 [1983] 1 WLR 1461, [1983] 3 All ER 94
Ruling court  Court of Appeal of England and Wales
Similar  Anglia Television Ltd v Reed, Robinson v Harman, Farley v Skinner, Ruxley Electronics and Cons, Jarvis v Swans Tours Ltd

C&P Haulage Co Ltd v Middleton [1983] EWCA Civ 5 is an English contract law case, concerning damages for costs incurred by a claimant related to a defendant's breach of contract.

Contents

Facts

George Middleton had a licence to occupy premises for six months at a time, renewable. He used it for his car repair business. He improved the property, even though the contract stated fixtures were not to be removed at the end of the licence. C&P Haulage Co Ltd ejected him for breach of contract. Mr Middleton argued he should be entitled to damages for the cost of the improvements he had made.

Judgment

Ackner LJ held that Middleton’s loss did not flow from the breach of contract, but him going and doing the repairs when he was not meant to. So no recovery of reliance loss was available, where it would allow Middleton to escape a bad bargain or reverse the contractual allocation of risk.

References

C&P Haulage v Middleton Wikipedia


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