Nash v Inman (1908) is an English contract law case that dealt with the issue of the measure of damages for breach of contract.
In this case, Inman, a tailor, agreed to supply Nash, a university undergraduate, with clothes for his time at university. The agreement stated that the clothes would be of a particular quality and style, but Inman failed to provide clothes that met these specifications.
Nash refused to accept the clothes and sued Inman for breach of contract. The trial judge awarded Nash damages of £10, which was the difference between the contract price and the value of the clothes provided by Inman.
Nash appealed the decision, arguing that he should be entitled to the full cost of the clothes that he had ordered from Inman, as this was the measure of damages for breach of contract. The Court of Appeal agreed with Nash’s argument and held that he was entitled to the full cost of the clothes that he had ordered from Inman.
The Court of Appeal also held that the measure of damages for breach of contract is the amount that would put the innocent party in the same position as if the contract had been performed. In this case, this meant that Nash was entitled to the full cost of the clothes that he had ordered from Inman, as this was the amount that would put him in the same position as if the contract had been performed.
The case of Nash v Inman is an important case in English contract law as it established the principle that the measure of damages for breach of contract is the amount that would put the innocent party in the same position as if the contract had been performed. It also confirmed that a party who breaches a contract must pay the full cost of the goods or services that they failed to provide, rather than just the difference between the contract price and the value of the goods or services provided.