Sale of goods — damages where no market

A straightforward sale of goods case in the CA on damages for breach of the duty to deliver where there’s no available market. Only semi-commercial, but still commercially relevant.

Dealers agree to sell a super-rare new Porsche limited edition to a buyer, then sell their allocation —  one car — to someone else (and subsequently lie about it). Apparently their objection is that the buyer might, horror of horrors, resell the car once he’s bought it: something which they rather pompously say is “against their policy”. Buyer recovers the difference between what he’d have paid under the spec he wanted (£135K) and what he’d have had to pay for a similar car elsewhere (£170K). The court confirms that s.51 SGA enacts Hadley v Baxendale in the specialised context of sale of goods. The fact that the only rough equivalent available elsewhere was just that — a very rough equivalent — is beside the point. The dealers go down for £35K plus costs. See Hughes v Pendragon Sabre Ltd (t/a Porsche Centre Bolton) [2016] EWCA Civ 18 (on BAILII).

AT

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Professor Andrew Tettenborn

Professor Andrew Tettenborn joined Swansea Law School and the Institute of International Shipping and Trade Law in 2010 having previously taught at the universities of Exeter (Bracton Professor of Law 1996-2010), Nottingham and Cambridge. Professor Tettenborn is a well-known scholar both in common law and continental jurisdictions. He has held visiting positions at Melbourne University, the University of Connecticut and at Case Law School, Cheveland, Ohio. He is author and co-author of books on torts, damages and maritime law, and of numerous articles and chapters on aspects of common law, commercial law and restitution.

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