Rule in Bain v Fothergill

Reference received: ​16 March 1987


Report 64: Damages for Vendor’s Inability to Convey Good Title: The Rule in Bain v Fothergill (PDF, 140.8 KB) [PDF, 140Kb], July 1990

Tabled in parliament: 12 September 1990

Legislative action: Conveyancing​ Amendment Act 1997​​

Judicial citation: Precision Fabrication Pty Ltd v Roadcon Pty Ltd (1991) 77 NTR 1

Journal article

P Butt, "The gentle demise of Bain v Fothergill" (1991) 65 Australian Law Journal 285​​

Terms of reference

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of loss of bargain damages for breach of a contract to sell land in certain circumstances, ought to be wholly or partly repealed; and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.
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We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present and future. We acknowledge the ongoing connection Aboriginal people have to this land and recognise Aboriginal people as the original custodians of this land.

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