Fitzsimons v Value Homes Ltd [2006] IEHC 144 (12 May 2006)

Fitzsimons v Value Homes Ltd [2006] IEHC 144 (12 May 2006)

The variation agreement was binding and enforceable, and Value Homes was in breach by failing to complete by the extended date. Ms. Fitzsimons is entitled to specific performance of the contract as varied, but the uplift in price must be abated by losses suffered due to the defendant's delay.

Citation
[2006] IEHC 144
Parties
Plaintiff: Shirley Fitzsimons; Defendant: Value Homes Limited
Jurisdiction
Ireland
Judgment Date
12 May 2006
Procedural Posture
Civil / Post Default Judgment; Application for Specific Performance and Assessment of Damages
Outcome
Decree of specific performance to be made, subject to assessment of abatement for losses due to delay.
Legal Topics
Specific Performance, Variation of Contract, Breach of Contract, Affordable Housing, Assessment of Damages
Contract Law Equity Property Law Specific Performance Variation of Contract Breach of Contract Affordable Housing Assessment of Damages

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Parties

Shirley Fitzsimons

Plaintiff

Value Homes Limited

Defendant

Procedural Posture

Civil / Post Default Judgment; Application for Specific Performance and Assessment of Damages

Legal Issues

  1. 1 Whether the variation agreement between the parties was binding and enforceable
  2. 2 Whether the plaintiff is entitled to specific performance of the contract as varied
  3. 3 Whether the defendant's breach of the completion date entitles the plaintiff to an abatement of the purchase price

Ratio Decidendi

The variation agreement was binding and enforceable, and Value Homes was in breach by failing to complete by the extended date. Ms. Fitzsimons is entitled to specific performance of the contract as varied, but the uplift in price must be abated by losses suffered due to the defendant's delay.

Court Disposition

Decree of specific performance to be made, subject to assessment of abatement for losses due to delay.

Orders

  • Matter to be set for further hearing to assess losses for abatement of the purchase price uplift.
  • Specific performance to be granted at a price reflecting the abatement for delay.