Stacey (t/a the New Gailey Caravan/Motorhomes Cnentre) v Autosleeper Group Ltd

Stacey (t/a the New Gailey Caravan/Motorhomes Cnentre) v Autosleeper Group Ltd

The claimant's negligence in failing to discover the breach of warranty did not break the chain of causation because his conduct was not reckless and he was entitled to rely on the warranty. The defendant's breach remained an effective cause of the loss. The damages awarded, including ATE insurance and uplift, were recoverable as they would have been incurred even if the claimant had acted reasonably.

Parties
Claimant/respondent: Lester John Stacey trading as The New Gailey Caravan/Motorhomes Centre; Defendant/appellant: Autosleeper Group Limited
Jurisdiction
England and Wales
Judgment Date
02 December 2014
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Causation of Damage, Breach of Contract, Damages, Warranty, Chain of Causation
Contract Law Causation of Damage Breach of Contract Damages Warranty Chain of Causation

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Parties

Lester John Stacey trading as The New Gailey Caravan/Motorhomes Centre

Claimant/respondent

Autosleeper Group Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the claimant's negligence in failing to discover the breach of warranty broke the chain of causation and precluded recovery of damages
  2. 2 Whether the damages awarded, including ATE insurance and uplift, were excessive or unrecoverable

Ratio Decidendi

The claimant's negligence in failing to discover the breach of warranty did not break the chain of causation because his conduct was not reckless and he was entitled to rely on the warranty. The defendant's breach remained an effective cause of the loss. The damages awarded, including ATE insurance and uplift, were recoverable as they would have been incurred even if the claimant had acted reasonably.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The judgment and order of HHJ P. R. Main QC are upheld.