Cantwell v. Newlyn Developments Ltd. [2002] IEHC 138 (30 July 2002)
The plaintiff failed to discharge the burden of proof to show that he contracted for the specific house he claims. The evidence supports the defendant's version that the house selected and held for the plaintiff was the one now offered. The provision of the wrong map was a genuine error and does not alter the substance of the agreement.
- Citation
- [2002] IEHC 138
- Parties
- Plaintiff: Shane Cantwell; Defendant: Newlyn Developments Limited
- Jurisdiction
- Ireland
- Judgment Date
- 30 July 2002
- Procedural Posture
- Civil / High Court Judgment
- Outcome
- Action dismissed
- Legal Topics
- Specific Performance, Damages in Lieu of Specific Performance, Sale of Land, Misrepresentation, Burden of Proof
Case Brief
Summary, issues, holding and outcome
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Parties
Shane Cantwell
Plaintiff
Newlyn Developments Limited
Defendant
Procedural Posture
Civil / High Court Judgment
Legal Issues
- 1 Whether the plaintiff contracted to purchase a specific house with a south-facing aspect or the house now offered by the defendant
- 2 Whether the plaintiff is entitled to damages for the difference in value between the two houses
Ratio Decidendi
The plaintiff failed to discharge the burden of proof to show that he contracted for the specific house he claims. The evidence supports the defendant's version that the house selected and held for the plaintiff was the one now offered. The provision of the wrong map was a genuine error and does not alter the substance of the agreement.
Court Disposition
Action dismissed
Orders
- Deposit to be returned to the plaintiff
- Lis pendens to be vacated
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