East v Maurer

From Wikipedia, the free encyclopedia
East v Maurer[1991] EWCA Civ 6
BarberPole.jpg
CourtCourt of Appeal of England and Wales
Full case nameTerence Eardley East & Janet Daisy Maud East v Roger Joseph Maurer & Roger de Paris & Company Ltd
Decided28 September 1990
Citation(s)[1990] EWCA Civ 6, [1991] 2 All ER 733, [1991] 1 WLR 461
Court membership
Judge(s) sittingLord Justice Mustill, Lord Justice Butler-Sloss,
Keywords
Misrepresentation

East v Maurer [1990] EWCA Civ 6[1] is an English contract law case concerning misrepresentation.

Facts[]

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[]

"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[]

  • 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[]

  1. ^ "East v Maurer [1991] EWCA Civ 6 (28 Sept 1990)". Bailii.org. Retrieved 2013-02-03.
  2. ^ Burrows, Andrew (2013). A Casebook on Contract (Fourth ed.). Oxford and Portland, Oregon: Hart Publishing. p. 599. ISBN 9781849464468.

References[]

External links[]

Retrieved from ""