High Court of Australia

Clark v Macourt [2013] HCA 56

88 ALJR 190; 304 ALR 220

18 Dec 2013

Case Number: S95/2013


Hayne, Crennan, Bell, Gageler, Keane JJ


Contract – Damages – Vendor of business failed to deliver assets compliant with warranty – Purchaser bought compliant assets from alternative supplier – Purchaser used compliant assets in business and charged fee covering costs of buying them – Whether damages measured by reference to amount purchaser was unable to recoup in using assets in business or by reference to cost of buying compliant assets at date of breach – Whether purchaser mitigated loss by charging fee covering costs of buying compliant assets.

Words and phrases – "expectation interest", "same situation . . . as if the contract had been performed".

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