View Single Post
  #5  
Old November 2nd 07, 09:40 AM posted to uk.legal.moderated
Tommo
external usenet poster
 
Posts: 1,972
Default Damages of more than the claimant's loss in tort

On 1 Nov, 19:05, "Chris R" wrote:
"Derek__M" wrote in message

oups.com...



I'd appreciate people's views on this:


I'm looking into a case for a friend who was "caught" selling an event
ticket on ebay. She was selling it on behalf of someone else so she is
not party to the contract. But tickets apparently had small print on
them stating that they should not be sold and, further, that they
remained the property of the event holder at all times.


The event holder is taking the line that by selling tickets owned by
the event holder, she has committed "wrongful interference" by
conversion. They are demanding the profits (about 330 pounds).


It is clear that the claimant has suffered no loss.


The question is, are they likely to get the profits? What I've read
suggests that they shouldn't. But what will happen in the "real world"
of a small claims court?


I don't know much about this type of claim but it sounds as if the claimant
might be claiming an account of profits rather than damages?

Chris R-


Yes, an account of profits would seem to be the better claim in this
case.


 

eHarmony - Refinance - Dirty Dozen Brass Band - Problem Mortgage - Loans