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Contract – Breach of contract. The proceedings arose out of the grounding of a yacht in July 2008 while it was manoeuvring at slow speed amongst other yachts anchored in a bay in Majorca. The claimant owners of the yacht, which had been built by and purchased from the defendant company, brought a claim for breach of contract. On the facts, the claimants had established, on a balance of probabilities, that if the hull laminate had been of the as-designed thickness, then it would not have suffered a fracture so as to lead to the ingress of water.
Contract – Breach of contract. The proceedings arose out of the grounding of a yacht in July 2008 while it was manoeuvring at slow speed amongst other yachts anchored in a bay in Majorca. The claimant owners of the yacht, which had been built by and purchased from the defendant company, brought a claim for breach of contract. On the facts, the claimants had established, on a balance of probabilities, that if the hull laminate had been of the as-designed thickness, then it would not have suffered a fracture so as to lead to the ingress of water.
Update from the Chair of the Bar
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