Radford v de Froberville [1977] 1 WLR 1262

Plaintiff sold Defendant a plot of land on which she could build a house, provided that she build and maintain a wall between their plots of land.

Defendant failed to build the wall and Plaintiff sued her for damages, which was allowed.

The question was how to calculate the damage. The court held that the damage paid would equate to the cost of Plaintiff building the wall himself and NOT the devaluation of Plaintiff’s property, since the court determined to look at the cost of cure.

He says that to apply to the dictum of Parke B (above), that Plaintiff should be placed in the same situation as though the obligation had been performed, demands that the cost of “cure” principle be applied.

There should be a remedy for the “performance interest” event though the breach has caused no economic loss or loss of amenity to Plaintiff.