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C&P Haulage v Middleton [1983]

Facts

  • Middleton had a licence to occupy C&P’s premises for 6 months, provided that at the end of the 6 months, any improvements added to the building were not removed

Issue

  • After being evicted 10 weeks prior to the end of the 6 months, could Middleton claim damages for the improvements made to the building?

Decision

  • No

Reasoning

  • After the breach, Middleton moved back to his house and worked rent free, therefore he would be unjustly enriched if damages were awarded; at the end of the 6 months, he would have had to leave the ‘improvements’ anyway
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