Rule in Bain v Fothergill

Reference received: ​16 March 1987

​Report

Report 64: Damages for Vendor’s Inability to Convey Good Title: The Rule in Bain v Fothergill (PDF, 140.8 KB), July 1990

Terms of reference

To inquire into and report on:

  1. Whether the rule known as the rule in Bain v Fothergill (1874) LR 7 HL 158, which precludes recovery of loss of bargain damages for breach of a contract to sell land in certain circumstances, ought to be wholly or partly repealed; and
  2. Any related matter.
 

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