Snell v Thacker [2006] JLR 142 (23 March 2006)

Snell v Thacker [2006] JLR 142 (23 March 2006)

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.

Citation
[2006] JLR 142
Parties
Plaintiff: Snell; Defendant: Thacker
Jurisdiction
Jersey
Judgment Date
23 March 2006
Procedural Posture
Civil / Judgment
Outcome
Guidance on causation and quantum in contract damages claims; specific outcome not provided in excerpt.
Legal Topics
Damages, Causation, Loss of Development Profits
Contract Law Damages Causation Loss of Development Profits

Case Brief

Summary, issues, holding and outcome

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Parties

Snell

Plaintiff

Thacker

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff must prove that loss suffered resulted from breach of contract
  2. 2 Standard of proof required for claims of loss of development profits dependent on third parties

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.