Cases - C & P Haulage v Middleton

Record details

Name
C & P Haulage v Middleton
Date
(1983)
Citation
1 WLR 1461
Legislation
Keywords
Construction claim - loss and expense claim - loss suffered - exaggeration of loss suffered - damages - part performance
Summary

A contractor will often be tempted to exaggerate his claim, both in terms of the loss suffered and the extent of any delay. In this particular case, the Court of Appeal indicated that such an approach would be given short shrift:

'It is not the function of the courts where there is a breach of contract knowingly to put the plaintiff in a better financial position than if the contract had been properly performed.'