Angelia Televsion v. Reed
3 All E.R. 690 (CA 1971)
- Angelia was producing a play
for television in England.
- They built sets, hired
actors, etc. The last step was to hire a leading man, Reed.
- At the last minute, Reed
- Although Angelia attempted to
replace him (thereby mitigating damages), they were unable to do so, and
so the play was called off.
- Angelia sued Reed for breach
- Angelia argued that they
should recover for the cost of the sets and actor's salaries.
- Reed argued that the costs
Angelia was talking about were things that happened before they signed the contract with Reed, and he
couldn't possible be liable for that.
- See Chicago Coliseum v.
Dempsey (265 Ill.App. 542 (Ill.App.
1 Dist. 1932)), which agreed with Reed.
- The Trial Court found for
Angelia. Reed appealed.
- The Trial Court found that
these costs were recoverable, even though they occurred prior to the
contract with Reed.
- The Court found that
"where lost profits cannot be ascertained, plaintiff is entitled to
recover wasted expenditure and is not necessarily limited to that
incurred after the contract was made."
- The Appellate Court affirmed.