19 Jun 2015
DAMON ENGINEERING (2009) LIMITED v JOURDAIN [2015] NZHC 1395
- Citation
- [2015] NZHC 1395
- Court
- High Court
The plaintiff failed to prove, on the balance of probabilities, that a commercial contract existed between Damon and Jourdain to produce H&S manuals for Damon's clients or that Jourdain delivered the defective manuals; accordingly claims in contract, negligence and conversion and the car repair claim fail; additionally, even if a contract had been proven losses would have been substantially reduced for claimant's failure to inspect, mitigate and for overstated quantum.