Doran v. Delaney (No.2) [1998] IEHC 166; [1999] 1 IR 303; [1999] 1 ILRM 225 (25th November, 1998)

Doran v. Delaney (No.2) [1998] IEHC 166; [1999] 1 IR 303; [1999] 1 ILRM 225 (25th November, 1998)

The vendors and their solicitors were liable for negligent misrepresentation and breach of duty in failing to disclose a known boundary dispute and providing misleading replies to requisitions on title. The plaintiffs' losses, including those arising from their inability to mitigate due to impecuniosity, were reasonably foreseeable and recoverable. The appropriate measure of damages was the sum required to place the plaintiffs in the position they would have been in had the contract been properly performed, including the cost of acquiring a comparable home, builder's debt, and related expenses.

Citation
[1999] 1 ILRM 225
Parties
Plaintiff: Plaintiffs (Mr. and Mrs. Doran); Defendant Plaintiffs' Solicitor: Michael J. Delaney; Defendant Vendor: Martin Greene; Defendant Vendor: Elizabeth Greene; Defendant Vendors' Solicitor: Joseph F. Maguire; Defendant Vendors' Solicitor: Della Power
Jurisdiction
Ireland
Procedural Posture
Civil Damages for Defective Title in Property Sale / High Court Judgment Following Supreme Court Appeal on Liability; Damages Assessment
Outcome
Judgment for the Plaintiffs against the vendors, their solicitors, and the Plaintiffs' own solicitor; damages awarded.
Legal Topics
Defective Title, Negligent Misrepresentation, Duty of Care, Measure of Damages, Remoteness of Damage, Mitigation of Loss, Vendor and Purchaser, Solicitor's Duty
Property Law Contract Law Tort Law Professional Negligence Defective Title Negligent Misrepresentation Duty of Care Measure of Damages +4 more

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Parties

Plaintiffs (Mr. and Mrs. Doran)

Plaintiff

Michael J. Delaney

Defendant Plaintiffs' Solicitor

Martin Greene

Defendant Vendor

Elizabeth Greene

Defendant Vendor

Joseph F. Maguire

Defendant Vendors' Solicitor

Della Power

Defendant Vendors' Solicitor

Procedural Posture

Civil Damages for Defective Title in Property Sale / High Court Judgment Following Supreme Court Appeal on Liability; Damages Assessment

Legal Issues

  1. 1 Whether the vendors and their solicitors were liable for negligent misrepresentation and breach of duty regarding defective title
  2. 2 Whether the plaintiffs' losses, including those arising from impecuniosity, were recoverable
  3. 3 Appropriate measure of damages for loss arising from inability to build on purchased site

Ratio Decidendi

The vendors and their solicitors were liable for negligent misrepresentation and breach of duty in failing to disclose a known boundary dispute and providing misleading replies to requisitions on title. The plaintiffs' losses, including those arising from their inability to mitigate due to impecuniosity, were reasonably foreseeable and recoverable. The appropriate measure of damages was the sum required to place the plaintiffs in the position they would have been in had the contract been properly performed, including the cost of acquiring a comparable home, builder's debt, and related expenses.

Court Disposition

Judgment for the Plaintiffs against the vendors, their solicitors, and the Plaintiffs' own solicitor; damages awarded.

Orders

  • Special damages of £192,198.56 awarded to Plaintiffs
  • General damages of £10,000 awarded to Plaintiffs