''East v Maurer''
990
Year 990 ( CMXC) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar.
Events
By place
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* Al-Mansur, ''de facto'' ruler of Al-Andalus, conquers the Castle of Montemor-o-Velho (mode ...
EWCA Civ 6 is an
English contract law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...
case concerning
misrepresentation
In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The m ...
.
Facts
Maurer fraudulently told East he would not run a competing hair salon, so East bought the salon from Maurer. Maurer started to run a competing hair salon. East lost business. East then sued Maurer for deceit.
Judgment
"The Court of Appeal held that East could recover the price paid minus selling price, plus trading losses, plus expenses of buying and selling and carrying out improvements, plus £10,000 in foregone profits. It noted that foregone profits were recoverable in tort where the claimant might be expected to make them in a similar hairdressing business. To recover profits that would have been particular to this business, breach of a contractual warranty needed to be shown."
See also
*
English contract law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...
*
Misrepresentation in English law
In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The m ...
*''
Smith New Court Ltd v Scrimgeour Vickers (Asset Management) Ltd''
997
Year 997 (Roman numerals, CMXCVII) was a common year starting on Friday (link will display the full calendar) of the Julian calendar.
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Japan
* 1 February: Empress Teishi gives birth to Princess Shushi - she is the first ...
AC 254, Lord Steyn said ''East'' ‘shows that an award based on the hypothetical profitable business in which the plaintiff would have engaged but for deceit is permissible: it is classic consequential loss.’
Notes
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References
*
English misrepresentation case law
Court of Appeal (England and Wales) cases
1990 in United Kingdom case law