He could either claim for being deprived of the contractual benefit ( " Ruxley Electronics Ltd v Forsyth " ), or he could claim as having consequential loss on breach of contract ( " Watts v Morrow " ).
12.
This leaves approximately ?0, 000 needing to be paid by farmers as a result of their consequential losses ( loss of earnings e . g . milk sales of culled cows ), on-farm costs of testing, and disruption to business through movement restrictions.
13.
Where the innocent misrepresentation amounts to a " dictum et promissum ", however, the purchaser may claim a reduction of the price under the " actio quanti minoris " : a limited form of relief, because not compensating for consequential losses caused by the misrepresentation.
14.
However, Sendi Parma's financial liability to pay damages to Powertek in respect of consequential losses is capped at only 30 per cent of its annual operating fees of between RM3 million and RM7 million, ` negligible compared with Powertek's potential loss of between RM150 million and RM180 million if it fails to maintain the dependable capacity of 400 MW,'says an analyst.
