Sear v Kingfisher Builders (a firm) (No 3) (Rev 1)

Sear v Kingfisher Builders (a firm) (No 3) (Rev 1)

Kingfisher Builders repudiated the contract by unjustified abandonment; Mr Sear had overpaid and incurred additional costs to complete the works. Mrs Whale was a partner in Kingfisher Builders and liable for both partnership debts and fraudulent misrepresentation, entitling Mr Sear to damages to restore his pre-contract position, including consequential losses directly flowing from the fraud.

Parties
Defendant/part 20 Claimant: Mr Christopher Sear; Claimant/first Part 20 Defendant: Kingfisher Builders; Second Part 20 Defendant: Francine Whale
Jurisdiction
England and Wales
Judgment Date
15 January 2013
Procedural Posture
Civil Construction/contract/fraud / Judgment on Quantum Following Findings of Liability
Outcome
Judgment for Mr Sear against Kingfisher Builders and Mrs Whale; damages and interest awarded.
Legal Topics
Repudiation of Contract, Fraudulent Misrepresentation, Damages Assessment, Partnership Liability
Contract Law Tort Law Construction Law Repudiation of Contract Fraudulent Misrepresentation Damages Assessment Partnership Liability

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Parties

Mr Christopher Sear

Defendant/part 20 Claimant

Kingfisher Builders

Claimant/first Part 20 Defendant

Francine Whale

Second Part 20 Defendant

Procedural Posture

Civil Construction/contract/fraud / Judgment on Quantum Following Findings of Liability

Legal Issues

  1. 1 Whether Kingfisher Builders repudiated the contract with Mr Sear and quantum of damages
  2. 2 Whether Mrs Whale was liable as a partner and for fraudulent misrepresentation, and quantum of damages

Ratio Decidendi

Kingfisher Builders repudiated the contract by unjustified abandonment; Mr Sear had overpaid and incurred additional costs to complete the works. Mrs Whale was a partner in Kingfisher Builders and liable for both partnership debts and fraudulent misrepresentation, entitling Mr Sear to damages to restore his pre-contract position, including consequential losses directly flowing from the fraud.

Court Disposition

Judgment for Mr Sear against Kingfisher Builders and Mrs Whale; damages and interest awarded.

Orders

  • Kingfisher Builders to pay Mr Sear £81,054.44 (including interest) for overpayment and additional completion costs.
  • Mrs Whale to pay Mr Sear £376,432.81 (including interest) for fraudulent misrepresentation, inclusive of the sum due from Kingfisher Builders.