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Ruxley Electronics and Construction Ltd v Forsyth : ウィキペディア英語版 | Ruxley Electronics and Construction Ltd v Forsyth
''Ruxley Electronics and Construction Ltd v Forsyth'' () (UKHL 8 ) is an English contract law case, concerning the choice between an award of damages for the cost of curing a defect in a building contract or (when that is unreasonable) for awarding damages for loss of "amenity". ==Facts== Ruxley Electronics Ltd was meant to build a seven-foot six inch deep pool, but it was built to only six feet. It was found that the pool was safe for diving, and anyway Forsyth never intended to put in a diving board. Also, Forsyth had no intention to use the damages to correct the pool. Moreover £21,560 was unreasonable for a new pool. But Forsyth refused to pay any money given the defect. Ruxley Electronics Ltd sued for breach of contract. Forsyth counterclaimed requesting damages to fix the pool as it should have been. The trial judge gave the diminution of value was zero and the cost of cure was £21,560. He awarded £750 for inconvenience and £2500 for loss of amenity. The Court of Appeal said the cost of rebuilding the pool should be awarded.
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