Snell v Thacker [2006] JLR 142 (23 March 2006)
- Citation
- [2006] JLR 142
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
To recover damages for loss of development profits, the plaintiff must prove on the balance of probabilities that the project would have proceeded but for the breach, and where realization depends on a third party, only a substantial chance of obtaining the necessary support need be shown, with the likelihood affecting the quantum of damages.
Court disposition
Guidance on causation and quantum in contract damages claims; specific outcome not provided in excerpt.
02
Material facts
Parties
Snell
PlaintiffThacker
Defendant03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
- 01
Whether the plaintiff must prove that loss suffered resulted from breach of contract
- 02
Standard of proof required for claims of loss of development profits dependent on third parties
Party arguments
- Applicant
- Plaintiff claims damages for loss of development profits resulting from defendant's breach of contract.
- Respondent
- Defendant disputes causation and quantum, arguing plaintiff cannot prove loss resulted from breach or that profits would have been realized.
05
Court’s reasoning
Legal principles
- 01
[2006] JLR 142
Plaintiff must prove on the balance of probabilities that loss suffered resulted from breach of contract. If claim is for loss of development profits, plaintiff must show would have proceeded but for breach. Where realization depends on a third party, such as funding, plaintiff need only show a substantial chance of obtaining it; likelihood affects quantum.
06
Ratio, limits and disposition
Ratio decidendi
To recover damages for loss of development profits, the plaintiff must prove on the balance of probabilities that the project would have proceeded but for the breach, and where realization depends on a third party, only a substantial chance of obtaining the necessary support need be shown, with the likelihood affecting the quantum of damages.
Court disposition
Guidance on causation and quantum in contract damages claims; specific outcome not provided in excerpt.
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Snell v Thacker [2006] JLR 142 (23 March 2006) URL: https://www.bailii.org/je/cases/JLR/2006/JLR060142.html Cite as: [2006] JLR 142 [ New search ] [ Help ] Snell v Thacker 2006 JLR 142 (23 March 2006) Contract-damages-causation-must prove loss suffered resulted from breach of contract-if claim for loss of development profits, plaintiff to show on balance of probabilities would have proceeded but for breach-to extent dependent on third party, e.g. for funding, need only show substantial chance of obtaining it-likelihood to affect quantum The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2006 JLR 142 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2006/JLR060142.html
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