Overview
Saunders v Williams is a useful case on damage, consequential loss and mitigation.
It shows why a party responsible for damage cannot always escape liability by saying the later consequences were greater than expected.
What happened
Defective building works damaged an adjoining property. Repairs were delayed for years. The claimant sought repair costs and consequential losses, including loss of rent.
The outcome
The court awarded repair costs and increased the consequential loss award on appeal. The important point was foreseeability: if the type of damage is foreseeable, the full extent of loss may still be recoverable.
The defendant also argued that the claimant had failed to mitigate her loss. That argument was difficult because the claimant's lack of funds affected what she could realistically do.
Why it matters
In party wall damage disputes, building owners and contractors sometimes assume that delay or financial difficulty will defeat a claim. That is unsafe.
If damage is caused and foreseeable loss follows, the responsible party may remain exposed unless they can show a genuine failure to mitigate.