Smith t/a Con Smith and Associates v. Custom House Docks Development Authority [1997] IEHC 55 (20th March, 1997)

Smith t/a Con Smith and Associates v. Custom House Docks Development Authority [1997] IEHC 55 (20th March, 1997)

The Court found that a contract existed for the Plaintiff to provide quantity surveying services for the period of the Master Project Agreement (MPA), i.e., from 25 January 1988 to 25 January 1993, and that the Defendant was not entitled to unilaterally terminate the contract before expiry. The Plaintiff was entitled to damages for loss of earnings for the remainder of the contract period.

Citation
[1997] IEHC 55
Parties
Plaintiff: Con Smith; Defendant: Custom House Docks Development Authority
Jurisdiction
Ireland
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for Plaintiff
Legal Topics
Breach of Contract, Termination of Contract, Professional Services, Damages Calculation
Contract Law Breach of Contract Termination of Contract Professional Services Damages Calculation

Case Brief

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Parties

Con Smith

Plaintiff

Custom House Docks Development Authority

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the Plaintiff's contract was for the entire period of the Master Project Agreement or terminable at will
  2. 2 Whether the Defendant wrongfully terminated the Plaintiff's contract
  3. 3 Quantum of damages for breach of contract

Ratio Decidendi

The Court found that a contract existed for the Plaintiff to provide quantity surveying services for the period of the Master Project Agreement (MPA), i.e., from 25 January 1988 to 25 January 1993, and that the Defendant was not entitled to unilaterally terminate the contract before expiry. The Plaintiff was entitled to damages for loss of earnings for the remainder of the contract period.

Court Disposition

Judgment for Plaintiff

Orders

  • Plaintiff entitled to damages for breach of contract for loss of earnings from May 1992 to 25 January 1993
  • Damages to be calculated based on hourly rates agreed, less mitigation