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Radford v de Froberville

[1977] 1 WLR 1262

Case summary last updated at 04/01/2020 12:44 by the Oxbridge Notes in-house law team.

Judgement for the case Radford v de Froberville

 P sold D a plot of land on which she could build a house, provided that she build and maintain a wall between their plots of land. D failed to build the wall and P sued her for damages, which was allowed. The question was how to calculate the damage. The court held that the damage paid would equate to the cost of P building the wall himself and NOT the devaluation of P’s property , since the court determined to look at the cost of cure. He says that to apply to the dictum of Parke B (above), that P should be placed in the same situation as though the obligation had been performed, demands that the cost of “cure” principle be applied. There should be a remedy for the “performance interest” event though the breach has caused no economic loss or loss of amenity to P. 

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