A US court held that damages claimed in connection with the breach of a purchase agreement for the sale of business can be appropriately measured based on multiple earnings before interest, taxes, depreciation and amortisation (EBITDA) where it is claimed that the breach impaired the earning powers of the business being acquired.
The court, after
Agreements were signed between 31 March and 1 May 2004 for the sale of erven in a newly established township before the township was proclaimed but with municipal permission. The purchasers claimed that the township developers had failed to incorporate certain amenities in the township. Summons was only issued in August 2008. The defendant claimed