Citation: 103 Con LR 1 TCC
Nature of case:This concerns the interpretation of a contract for a paint-spraying system. The issue was whether the party in breach of contract in failing to complete on time and to specification could rely on a contract clause capping its liability. The claimant sought to argue that the defendant contractor would be profiting from its own wrong if it was allowed to do so. The court rejected this argument; it had been clearly agreed that the defendant’s liability would be limited to 5% of contract price and the nature and extent of the breaches of contract were irrelevant.
Also reported in: [2006] CILL 2303 TCC
