Legal Remedies Cases

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  • Legal Remedies
    • Ramzan v Brookwide 2011
      • Facts: Room appropriated by Brookwide, which prevented 1st floor from being used as a function room.
      • Principle: Claiming loss of profits, mesne profits and breach of trust amounted to double recovery.
      • Outcome: The capital value of the room and fire escape, loss of profits, exemplary damages (to deter from similar conduct) and interest were awarded.
    • Yeoman's Row v Cobbe 2008
      • Facts: A developer gained planning permission on reliance of a non-binding agreement that he could purchase he land if planning permission was given.
      • Principle: You cannot get a remedy based on having an interest in a property where you have a 'subject to contract' agreement.
      • Outcome: Quantum meruit payment given, for costs involved in getting the planning permission and for services rendered.
    • McFarlane v Tayside Health Board 1999
      • Facts: After a vasectomy, a family became pregnant with another child and claimed for the pain and suffering of the pregnancy and the cost of raising the child.
      • Principle: Although a doctor owes a duty of care in preventing a pregnancy, it is not fair just and reasonable to extend this duty to avoiding the costs of raising a child.
      • Outcome: Damages paid for the pain and suffering related to the pregnancy.
    • Fairchild v Glenhaven Funeral Services 2002
      • Facts: The claimant contracted melitheloma due to continued exposure to asbestos, but was unable to prove which exact employer's negligence had caused the disease.
      • Principle: In certain cases, the court may dissent away from the 'but for' test of causation, in favour of a balance of probabilities.
      • Outcome: The employers were liable to pay for the negligence.

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