Boynton & Anor v Willers

Boynton & Anor v Willers

The construction of the bay windows was not included in the original contract quotation, as evidenced by the absence of reference in the quotation and the parties' intentions at the time. The judge's award of damages for inconvenience, though low, was not so unreasonable as to warrant appellate interference given the evidence. The costs order was within the judge's discretion due to the overlap of issues and the appellants' conduct.

Parties
Appellant: Mr and Mrs Boynton; Respondent: Willers
Jurisdiction
England and Wales
Judgment Date
03 July 2003
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Building Contracts, Damages for Defective Workmanship, Costs, Set Off, Assessment of Damages
Contract Law Civil Procedure Building Contracts Damages for Defective Workmanship Costs Set Off Assessment of Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Mr and Mrs Boynton

Appellant

Willers

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the construction of bay windows was included in the original contract quotation
  2. 2 Appropriate measure of damages for defective works and inconvenience
  3. 3 Whether the trial judge erred in the award of costs

Ratio Decidendi

The construction of the bay windows was not included in the original contract quotation, as evidenced by the absence of reference in the quotation and the parties' intentions at the time. The judge's award of damages for inconvenience, though low, was not so unreasonable as to warrant appellate interference given the evidence. The costs order was within the judge's discretion due to the overlap of issues and the appellants' conduct.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellants to pay the respondent's costs on the standard basis.