Cases - Jones v St John's College Oxford

Record details

Name

Jones v St John's College Oxford

Date

(1870)

Citation

LR 6 QB 115

Keywords

Construction contracts - liquidated damages - delay - agreement to complete works by certain date subject to alterations or additions - whether extra works to be carried out by same date

Summary

The claimant was a building contractor who agreed to complete certain works by a certain date, subject to alterations or additions which might be made. Liquidated damages were set at £3/day. The Court held that the contract was an 'absolute' contract, namely that, upon a proper interpretation of its terms, the contractor had undertaken to carry out all of the works, including any extra works ordered by the employer, within the time originally limited. The Court held that, in the circumstances, liquidated damages were recoverable. In other words, the employer may, by his actions, have prevented the completion of the contract works by the contract date, but provided that the contract provides for and exonerates such an eventuality, liquidated damages will nonetheless be payable.