Principle: Damages are payable for breach of contract and the purpose of damages is to compensate him for the loss suffered and not to improve his position more than what it would have been if the contract had been duly performed. Facts: A wanted to buy a house and he contracted with a surveyor S to inspect a particular house and value it for him. S surveyed the house and valued it for 10 lakhs. S, however, failed to notice the defective plumbing system in the house, and had he taken note of it, the house would have been worth only 8 lakhs. A followed S’s advice and bought the house for 8 lakhs and thereafter spent 4 lakhs for repairing the plumbing system. He filed a suit against S claiming 4 lakhs as damages. (NLU DELHI 2011)

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Principle: Damages are payable for breach of contract and the purpose of damages is to compensate him for the loss suffered and not to improve his position more than what it would have been if the contract had been duly performed. Facts: A wanted to buy a house and he contracted with a surveyor S to inspect a particular house and value it for him. S surveyed the house and valued it for 10 lakhs. S, however, failed to notice the defective plumbing system in the house, and had he taken note of it, the house would have been worth only 8 lakhs. A followed S’s advice and bought the house for 8 lakhs and thereafter spent 4 lakhs for repairing the plumbing system. He filed a suit against S claiming 4 lakhs as damages. (NLU DELHI 2011)






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