Plaintiff contracted Defendant to design a chimney for them. The design was faulty and at a certain date Plaintiff discovered damage to the chimney.
Plaintiff sued Defendant and the question was from what period damages were accruing.
Plaintiff claimed damages from the point at which the defect occurred, whereas Defendant claimed that they ought to accrue from the moment of discovery or first moment when they could be reasonably discovered.
HL allowed Plaintiff’s claim for damages accruing from the moment that the defect was caused.
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Commercial Remedies BCL | Radford V. De Froberville Notes (3 pages) |