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Ruxley Electronics and Construction Ltd v Forsyth [1995] UKHL 8 is an English contract law case, concerning the choice between an award of damages for the cost of curing a defect in a building contract or (when that is unreasonable) for awarding damages for loss of "amenity".
Chartbrook Ltd v Persimmon Homes Ltd [2009] UKHL 38 is an English contract law case concerning interpretation of contracts.It creates a so-called "red ink" rule, that there is no limit to verbal rearrangement that the court may deploy to give a commercial sensible meaning when construing a contract in its bargaining context.
The arbitrator who first dealt with Davis Contractors' claim held that "the footing of the contract was removed" and therefore the original contract had come to an end. [1] On referral to the House of Lords, the Lords held that although the performance of the contract had become more onerous, it was not frustrated.
However the contract was not frustrated. It held that Amalgamated had taken on the risk that the building could be listed. This was shown by the nature of their pre-contractual enquiries. So the listing did not make the contract something radically different from that contemplated by the parties.
The Army Corps of Engineers signed a contract with G.L. Christian and Associates to build 2,000 housing units for soldiers at Fort Polk, Louisiana, under the "Capehart Act". Fort Polk was deactivated by the Department of the Army in 1958, and the $32.9 million construction contract was terminated by the Corps of Engineers on February 5, 1958 ...
Moylist Construction Limited acted as the contractor in a building contract involving the construction of 18 holiday homes in Ballybunion, County Kerry. [3] Funding for the purchase of the lands on which the development was to take place and the construction of the holiday homes was provided by Ulster Bank. In 2007, Moylist Construction Limited ...
Chandos, hired as the general contractor for a condominium project in St. Albert, Alberta, subcontracted Capital Steel to supply steel-related work for it.Before making an assignment in bankruptcy in September 2016, Capital had completed the majority of its work, and Chandos owed it an outstanding balance of $149,618. [2]
Instead, the court decided that no contract had been entered into, and only allowed the claimants to get restitutionary recovery on a quantum meruit basis for the value of the work done. The conclusion that no contract existed meant the defendants could not recover the damages for late performance as no terms had been agreed to that extent. [1] [2]