Project Contact: British Columbia Law Institute
Telephone Number: 604.822.0142
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The rule in Bain v. Fothergill-which was given its definitive statement in a nineteenth-century English case of that name-holds that damages for breach of contract are not ordinarily available to a purchaser under a contract for the sale of land if the breach is due to a defect in title to the land. This project examines whether the rule in Bain v. Fothergill should continue to hold sway in contemporary British Columbia, which has a land title system that is markedly different than that of nineteenth-century England.
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