Thomas vs D'unienville (CS 42.2012) [2014] SCSC 58 (10 February 2014)

The defendant breached the contract by failing to pay the balance of the purchase price and transferring the boat without consent, entitling the plaintiff to damages.

Citation: [2014] SCSC 58
Parties: Plaintiff: Claude Thomas; Defendant: Christopher D'Unienville
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 10 February 2014
Case Number: CS 42.2012
Procedural Posture: Civil / Judgment After Ex Parte Hearing
Outcome: Judgment for the plaintiff
Legal Topics: Breach of Contract, Sale of Goods, Damages
Source Language: English

Contract Law Breach of Contract Sale of Goods Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Claude Thomas

Plaintiff

Christopher D'Unienville

Defendant

Procedural Posture

Civil / Judgment After Ex Parte Hearing

Legal Issues

1 Whether the defendant breached the contract of sale
2 Whether the plaintiff is entitled to damages for breach of contract

Ratio Decidendi

The defendant breached the contract by failing to pay the balance of the purchase price and transferring the boat without consent, entitling the plaintiff to damages.

Court Disposition

Judgment for the plaintiff

Orders

Defendant to pay plaintiff Rs.312,618/- with interest at 4% per annum from the date of plaint
Defendant to pay costs