ABSTRACT

Stuart-Smith LJ: The second ground of appeal raises an interesting point of law upon which there does not appear to be any authority directly in point. Can the plaintiff recover damages which he would have incurred by way of loss of profit on lost production during the period necessary to repair the defect in goods or materials supplied by the defendant and caused by his breach of contract, where because of some supervening event those repairs are not carried out or are subsumed in other more extensive repairs?