Jersey Judgment

Viscount v Treanor [1969] JJ 1243 (01 December 1969)

Construction Law Contract Law Damages for Delay Liquidated Damages Penalty Clauses

Citation: [1969] JJ 1243
Status: Judgment
Jurisdiction: Jersey
Posture: Civil / Judgment

More details

Posture: Civil / Judgment

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Professional case brief

Research organized from the available case record

Source document

Holding and result

Under Jersey common law, the court will examine whether a stipulated sum for delay is excessive and may reduce it; the English distinction between liquidated damages and penalty does not apply.

Court disposition

remitted for assessment of damages

Material facts

Parties

Viscount

Plaintiff

Treanor

Defendant

Procedural history

Posture

Civil / Judgment

Questions and positions

Legal issues

01
Whether the stipulated sum for delay in completion is excessive under Jersey common law
02
Whether the English distinction between liquidated damages and penalty applies in Jersey

Party arguments

Applicant: The stipulated sum for delay should be enforced as agreed in the contract.
Respondent: The stipulated sum is excessive and should be reduced by the court.

Court’s reasoning

Legal principles

01
Jersey common law

By Jersey common law, the court must consider whether a stipulated sum for delay is excessive and may reduce it if so.
02
Jersey common law

The English law distinction between liquidated damages and penalty is irrelevant in Jersey.

Ratio, limits and disposition

Ratio decidendi

Under Jersey common law, the court will examine whether a stipulated sum for delay is excessive and may reduce it; the English distinction between liquidated damages and penalty does not apply.

Court disposition

remitted for assessment of damages

Source and reliance status

Official court record

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Source document

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Judgment text

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Source document

Court record

Judgment

[1969] JJ 1243

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BAILII >> Databases >> Jersey Law Reports >> Viscount v Treanor [1969] JJ 1243 (01 December 1969) URL: https://www.bailii.org/je/cases/JLR/1969/JLR691243.html Cite as: [1969] JJ 1243 [ New search ] [ Help ] Viscount v Treanor 1969 J. J. 1243 (01 December 1969) Construction Industry-damages-employer's damages-damages for delay in completion-by Jersey common law, court to consider whether stipulated sum excessive-if so, may reduce-English distinction between liquidated damages and penalty irrelevant 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: 1969 J. J. 1243 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1969/JLR691243.html

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