SGS 12 – VERNON

PLANNING TABLE

First Defendant Second Defendant

Breach of Contract Negligence Negligence

Parties Parties and Facts giving Parties and Facts giving rise to
rise to Duty of Care Duty of Care

Cl owner and occupier of Cl owner and occupier of Cl owner and occupier of house
house house

1st Def experienced/ 1st Def experienced/ 2nd Def next door neighbour
competent builder competent builder

Agreement

Oral

When/ where/ parties to it/

gist of words said/ brief
details of agreement/ course
of business (not essential for
application of CRA, as it
would have been with
SGSA, but advisable to
include it).

Knowledge

Extension for Cl’s mother to

live in on expiry of her lease

Terms:

Express/ implied

Completed by end August

2018

Implied

- extension would be
completed within reasonable
time
- that work be carried out
with reasonable care and
skill
- that sufficient number of
competent workers would be
used

Performance

Part-payment of price

Work started

Breach of contract Occasion of Breach Occasion of Breach

-Facts of breaches Work started/ describe As First Defendant

events
Nail hammered into outside
wall, fracturing water pipe

1st (or 2nd) Def struck wall

with hammer causing
damage

-Particulars of breach Particulars of Breach Particulars of Breach

-failed to make progress As breach of contract -failed to check wall for water
-failed to provide adequate pipes before hammering
competent workforce -hammered hole in wall
-failed to check wall for pipes -failed to take reasonable steps to
-failed to supervise 2nd Def/ stop flooding
hammering wall so as to -failed to take reasonable care in
cause damage carrying out works
-failed to take reasonable
steps to stop water flooding
-failed to exercise
reasonable care expected of
competent builder.

Termination

Repudiatory breaches:
-so serious as to entitle Cl to
terminate
-breach of condition ie
completion by 31st August
-acceptance of repudiation:
told him to leave house/
phone-call of 2 July 2017

Causation Causation Causation

“As a result of the matters “As a result of the matters set “As a result of the matters set out
set out above…” out above….” above….”
Loss and damage Loss and damage Loss and damage

Distress + inconvenience:
Extension not completed in
time – mother had to move
into hotel
- cost of hotel – cost of
storage of belongings
As with breach of contract As with 1st Def save additional
cost of contract with Schnur and
Mrs Vernon’s hotel and storage
costs are not claimed against 2nd
Def.

Alternative arrangements for

building extension – entered
contract with Schnur (date)
at higher price – the
difference between the
original price and what the
extension ultimately cost the
Claimant (ie the cost of
Schnur contract plus value
of deposit paid) are claimed.
Note this is represented in
the POC as the cost of the
new contract less the cost of
the original contract without
the deposit, to enable the
value of the deposit to be
part of the damages
claimed.

Repair to water-pipe/ wall/

window/ replace carpet/
table/ diff in contract price/
hotel accom

Interest Interest Interest

General interest claim

pleaded as claim for general
damages for distress and
inconvenience makes it an
unliquidated claim

Summary of Remedies Summary of Remedies Summary of Remedies