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Surrey County Council v Bredero Homes Ltd

[1993] 3 All ER 705

Case summary last updated at 04/01/2020 14:41 by the Oxbridge Notes in-house law team.

Judgement for the case Surrey County Council v Bredero Homes Ltd

 Two plaintiff councils owned of land. The councils contracted to sell the entire site to D for £1.52m, subject to development covenants, which required development in accordance with a brief which had been submitted. D subsequently completed the development by building more houses than had been approved and without obtaining modification of the covenants. Ps had been aware of the breach but did not seek injunctions or specific performance. Instead they raised an action for damages. P sought damages for the amont that they would reasonably have charged for the modification. CA held that since damages were used for placing P in the position that they would have been in had the contract been fulfilled, the damages here could only be nominal. 

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