Dr. Fock -Tave vs Unicorn Construction (Pty) Ltd and another (Civil Side No: 119/09) [2013] SCSC 27 (26 February 2013)

Dr. Fock -Tave vs Unicorn Construction (Pty) Ltd and another (Civil Side No: 119/09) [2013] SCSC 27 (26 February 2013)

The defendants jointly and severally breached the building contract by abandoning the works and performing sub-standard work. The 2nd defendant is personally liable as he received payment into his personal account and acted in bad faith. The plaintiff is entitled to damages for overpayment and rectification of defects, but not for alternative accommodation. Moral damages are awarded at a reduced sum.

Citation
[2013] SCSC 27
Parties
Plaintiff: Dr. Maxwell Fock-Tave; 1st Defendant: Unicorn Construction (Pty) Ltd; 2nd Defendant: Aubrey Monthy
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
26 February 2013
Case Number
Civil Side No: 119/09
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Breach of Contract, Damages, Joint and Several Liability, Misrepresentation
Source Language
English
Contract Law Tort Law Breach of Contract Damages Joint and Several Liability Misrepresentation

Case Brief

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Parties

Dr. Maxwell Fock-Tave

Plaintiff

Unicorn Construction (Pty) Ltd

1st Defendant

Aubrey Monthy

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendants breached the building contract with the plaintiff
  2. 2 Whether the 2nd defendant is personally liable
  3. 3 Quantum of damages due to the plaintiff

Ratio Decidendi

The defendants jointly and severally breached the building contract by abandoning the works and performing sub-standard work. The 2nd defendant is personally liable as he received payment into his personal account and acted in bad faith. The plaintiff is entitled to damages for overpayment and rectification of defects, but not for alternative accommodation. Moral damages are awarded at a reduced sum.

Court Disposition

judgment for the plaintiff

Orders

  • Defendants to pay plaintiff SR169,120.00 jointly and severally
  • Interest at commercial rate