Walsh v Kerr

{{Infobox court case

| name = Walsh v Kerr

| court = Court of Appeal of New Zealand

| date_filed =

| image = Coat of arms of New Zealand.svg

| date decided = 7 June 1989

| full name = Walsh v Kerr

| citations = [1989] 1 NZLR 490

| judges = Cooke P, Somers J, Hardie Boys J

| prior actions =

| subsequent actions =

| opinions =

| transcripts = [http://www.nzlii.org/nz/cases/NZHC/1987/1974.pdf High Court judgment]

| Keywords =

}}

Walsh v Kerr [1989] 1 NZLR 490 is a cited case in New Zealand regarding the remedy of damages for breach of contract.{{cite book |title=An introduction to the Law of Contract in New Zealand |edition=4th |last1=Chetwin |first1=Maree |last2=Graw |first2=Stephen |last3=Tiong |first3=Raymond |publisher=Thomson Brookers |ISBN=0-86472-555-8 |year=2006 |page={{page needed|date=January 2014}}}}{{cite book |title=Butterworths Student Companion Contract |edition=4th |last1=Walker |first1=Campbell |publisher=LexisNexis |ISBN=0-408-71770-X|year=2004 |page=233}}

Background

The Kerrs owned a student pub in Dunedin, advertising that the lease of the hotel was guaranteed by Wilson Neil Corporation.

The Walshes subsequently purchased the hotel for $1.1 million. Subsequent to the sale, the Walshes discovered that the guarantee would lapse upon any sale.

The Walshes sued the Kerrs for loss of value of the hotel, but the High Court ruled that they had suffered no loss refusing to award any damages, apart for the sum of $10 for nominal damages.

Held

The Court of Appeal ruled that they had suffered loss, and awarded them damages of $5,000.

References

Category:Court of Appeal of New Zealand cases

Category:New Zealand contract case law

Category:1989 in New Zealand law

Category:1989 in case law