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would have made from his ‘professional’ activity had he not been wrongfully killed? (c) Refusal to pay
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This was a debt action for £560 brought by a firm of heating engineers against a householder who had contracted with the engineers to have a central heating system installed in his house for £560. The householder claimed that the work of installation was so defective that it amounted to a non-performance of the contract and that, accordingly, he was not liable to pay anything. The trial judge held that the system was defective and would cost £174.50 to remedy; he gave judgment for £385.50 plus another £46 for extras. The Court of Appeal allowed an appeal by the householder.