East v Maurer
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| East v Maurer[1991] EWCA Civ 6 | |
|---|---|
 | |
| Court | Court of Appeal of England and Wales |
| Full case name | Terence Eardley East & Janet Daisy Maud East v Roger Joseph Maurer & Roger de Paris & Company Ltd |
| Decided | 28 September 1990 |
| Citation | [1990] EWCA Civ 6, [1991] 2 All ER 733, [1991] 1 WLR 461 |
| Court membership | |
| Judges sitting | Lord Justice Mustill, Lord Justice Butler-Sloss, Lord Justice Beldam |
| Keywords | |
| Misrepresentation | |
East v Maurer [1990] EWCA Civ 6[1] is an English contract law case concerning misrepresentation.
Facts
[edit]Maurer fraudulently told East he would not run a competing hair salon, so East bought the salon from Maurer. Maurer started to run a competing hair salon. East lost business. East then sued Maurer for deceit.
Judgment
[edit]"The Court of Appeal held that East could recover the price paid minus selling price, plus trading losses, plus expenses of buying and selling and carrying out improvements, plus £10,000 in foregone profits. It noted that foregone profits were recoverable in tort where the claimant might be expected to make them in a similar hairdressing business. To recover profits that would have been particular to this business, breach of a contractual warranty needed to be shown."[2]
See also
[edit]- English contract law
- Misrepresentation in English law
- Smith New Court Ltd v Scrimgeour Vickers (Asset Management) Ltd [1997] AC 254, Lord Steyn said East ‘shows that an award based on the hypothetical profitable business in which the plaintiff would have engaged but for deceit is permissible: it is classic consequential loss.’
Notes
[edit]- ^ "East v Maurer [1991] EWCA Civ 6 (28 Sept 1990)". Bailii.org. Retrieved 3 February 2013.
- ^ Burrows, Andrew (2013). A Casebook on Contract (Fourth ed.). Oxford and Portland, Oregon: Hart Publishing. p. 599. ISBN 9781849464468.