A.C. Gallie Ltd. v Davies [1985] JLR 13 (26 February 1985)

A.C. Gallie Ltd. v Davies [1985] JLR 13 (26 February 1985)

A contractor who is in breach of contract does not have the right to remedy minor defects against the will of the employer, particularly where the benefit of such repairs may be lost in subsequent, more extensive remedial works.

Citation
[1985] JLR 13
Parties
Contractor: A. C. Gallie Ltd.; Employer: Davies
Jurisdiction
Jersey
Judgment Date
26 February 1985
Procedural Posture
Civil / Judgment
Outcome
contractor's claim to remedy defects denied
Legal Topics
Contractor's Rights, Breach of Contract, Remedies for Defects
Construction Law Contract Law Contractor's Rights Breach of Contract Remedies for Defects

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 1 Party arguments 2
Sign in to unlock

Parties

A. C. Gallie Ltd.

Contractor

Davies

Employer

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a contractor in breach of contract has the right to remedy minor defects against the will of the employer, particularly when the benefit of repairs may be lost in further remedial works.

Ratio Decidendi

A contractor who is in breach of contract does not have the right to remedy minor defects against the will of the employer, particularly where the benefit of such repairs may be lost in subsequent, more extensive remedial works.

Court Disposition

contractor's claim to remedy defects denied