Denny v Hodge [1971] JJ 1915 (25 October 1971)

Denny v Hodge [1971] JJ 1915 (25 October 1971)

The court held that the proper measure of damages for breach of warranty of the worth of a company in a share transfer is the difference between the transfer value and the real value of the shares, plus legal costs incurred in the acquisition.

Citation
[1971] JJ 1915
Parties
Applicant: Denny; Respondent: Hodge
Jurisdiction
Jersey
Judgment Date
25 October 1971
Procedural Posture
Civil / Judgment
Outcome
judgment for applicant
Legal Topics
Transfer of Shares, Breach of Warranty, Damages Calculation
Company Law Contract Law Transfer of Shares Breach of Warranty Damages Calculation

Case Brief

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Parties

Denny

Applicant

Hodge

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 What is the correct measure of damages for breach of warranty as to the worth of a company in a share transfer?

Ratio Decidendi

The court held that the proper measure of damages for breach of warranty of the worth of a company in a share transfer is the difference between the transfer value and the real value of the shares, plus legal costs incurred in the acquisition.

Court Disposition

judgment for applicant

Orders

  • Damages awarded to applicant calculated as difference between transfer value and real value of shares plus legal costs incurred in acquisition