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Rule in Bain v Fothergill    

Reference received: ​16 March 1987

This reference is part of the Community Law Reform Program


Report 64: Damages for Vendor’s Inability to Convey Good Title: The Rule in Bain v Fothergill [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of loss of bargain damages for breach of a contract to sell land in certain circumstances, ought to be wholly or partly repealed; and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.