Ruxley Electronics v Forsyth [1996]

When protecting expectation interest, does law award
difference in value of property, or cost of cure?
Pool 18 inches shallower than stipulated.
Diminution in value = £0
Cost of cure = £21500
House of Lords held:
1.  Not reasonable
for defendant to recover cost of cure, damages as cost of carrying out work was
out of all proportion to benefit defendant would gain.
2.  Intention
important to question of reasonableness – where aggrieved party not genuine in
his desire to carry out repairs, this will count against award of cost of cure damages.
3.  Still
possible however for modest sum to be awarded by way of damages for breach of
contract based on loss of amenity.