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Ruxley Electronics v Forsyth [1996]

Facts

  • Defendant refused to pay for swimming pool which was too shallow

Issue

  • Could damages be awarded for removing and replacing pool which was correct depth?

Decision

  • No, alternative ‘loss of amenity’ damages awarded

Reasoning

  • No loss of value to land and no loss of enjoyment or deprivation of use for intended purposes, therefore much lesser quantum of damages in form of loss of amenity awarded (~£3000) to recognise loss.
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