Hooper v Oates  EWCA Civ 91
In the case of Hooper v Oates, the Court of Appeal held in February 2013 that the date for assessment of damages for breach of a contract for the sale of land where the buyer had failed to complete the purchase was not the date of the breach but the date when the sellers decided to retain the property upon the failure of their reasonable attempts to mitigate.
The Court held that the usual rule that damages are assessed as at the date of breach should very rarely apply to land, even when the Seller brought the contract to an end and sought damages rather than sought specific performance (see Lloyd LJ paragraph 39).
Albinson Napier represented the Appellant and Nicholas Davis (solicitor advocate) appeared for the appellant in the Court of Appeal.
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