To the Honourable J R A Dowd LLB, MP,
Attorney General for New South Wales
COMMUNITY LAW REFORM PROGRAM
THE RULE IN BAIN v FOTHERGILL
Dear Attorney General,
We make this Report pursuant to the reference received from the then Attorney General for New South Wales, the Honourable T W Sheahan BA, LLB, MP on 16 March 1987.
Hon R M Hope QC
(Chairman)
Helen Gamble
(Commissioner)
Ronald Sackville
(Commissioner)
July 1990
Terms of Reference
On 16 March 1987 the then Attorney General for New South Wales, the Honourable T W Sheahan, BA, LLB, MP, made the following reference to the Commission:
To inquire into and report on:
1. Whether the rule known as the rule in Bain v Fothergill (1874) LR 7 HL 158, which precludes recovery of loss of bargain damages for breach of a contract to sell land in certain circumstances, ought to be wholly or partly repealed; and
2. Any related matter.
Participants
Division Members
For the purpose of the reference a Division was created by the Chairman in accordance with s12A of the Law Reform Commission Act 1967. The Division comprised the following members of the Commission:
Professor J L R Davis (1988-1989)
Dr John Carter (1988-1989)
Keith Mason QC (1989-1990)
Mr Ronald Sackville (1988- )
The Hon R M Hope QC (1990- )
Professor Helen Gamble (1988- )
Executive Director
Mr William J Tearle (to 7 July 1989)
Mr Peter Hennessy (from 10 July 1989)
Research and Writing
Desktop Publishing
Word Processing
Ms Jane Codey
Mrs Nozveen Khan
Ms Nancy Klein
Ms Shirley Lucke
Librarian
Administrative Assistance
