Guernsey Judgment 5/2010 - Ferbrache v C R Homes (Guernsey) Limited

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Contract - Plaintiff alleged breach of contract by developer of apartments - transmission of noise from flat above - Jurats held that there was a breach of contract in that the ceiling of the Plaintiff's apartment was not built in the manner required by the contract - held that both as a matter of law and as a question of fact there was no basis for implying into the contract any term relating to (1) transmission of noise between the apartments or (2) construction in such a manner as to permit full enjoyment by the Plaintiff of his dwelling - held that the noise problem was caused not by the breach of contract but by the reconfiguration of the upper apartment after it had been sold by the Defendant - no basis for compensatory damages - Jurats awarded damages to the Plaintiff in the nominal sum of £100