EVANS V. FRASER 12/1946

EVANS V. FRASER 12/1946

Clause 5 of the agreement does not apply to the breach of the warranty in clause 4A. Therefore, any limitation on damages imposed by clause 5 is irrelevant to a claim based on breach of clause 4A.

Parties
Appellant: Evans; Respondent: Fraser
Jurisdiction
Australia
Judgment Date
16 October 1946
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs. Cross-appeal dismissed.
Legal Topics
Construction of Contract Clauses, Damages, Liquidated Damages Vs Penalty
Contract Law Construction of Contract Clauses Damages Liquidated Damages Vs Penalty

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Parties

Evans

Appellant

Fraser

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether clause 5 of the agreement applies to a breach of the warranty in clause 4A
  2. 2 Whether clause 5 imposes a limitation on the amount of damages recoverable for breach of clause 4A

Ratio Decidendi

Clause 5 of the agreement does not apply to the breach of the warranty in clause 4A. Therefore, any limitation on damages imposed by clause 5 is irrelevant to a claim based on breach of clause 4A.

Court Disposition

Appeal dismissed with costs. Cross-appeal dismissed.

Orders

  • Appeal dismissed with costs
  • Cross-appeal dismissed