From: Kleefeld, John <>
To: Gerard Sadlier <>
CC: Eoin O'Dell <>
HOGG Martin <>
Date: 23/09/2015 23:13:11 UTC
Subject: Re: Volkswagen and breach of contract/tort

Colleagues: Here is a link to an article about the class action that has just been filed in Alberta, Canada:

And here is a link to the plaintiff firm’s web page, which includes a link to the statement of claim:

(You can also get there via; it will redirect you to the firm’s website.)

John Kleefeld
Associate Professor, College of Law
University of Saskatchewan
15 Campus Drive
Saskatoon SK Canada  S7N 5A6

tel: (+1) 306.966.1039
skype: johnkleefeld

On Sep 23, 2015, at 2:35 AM, Gerard Sadlier <> wrote:


I wonder whether you would potentially have a cause of action under
the Unfair Commercial Practices Directive? Certainly in Ireland, by
virtue of Section 74 of the Consumer Protection Act 2007 (the act
which transposed the directive into Irish law) an unfair, misleading
or prohibited commercial practice is actionable in damages, including
aggravated and exemplary damages, subject to certain exceptions.

To be honest I am not sure if that right to damages is found in the
directive or was national gold plating (I suspect the latter) and I do
not know if there is an equivalent right in the UK transposition for

Kind regards


On 9/23/15, Eoin O'Dell <> wrote:
Dear all

The claim in the U.S. class action suit is here, FWIW:


Dr Eoin O'Dell
School of Law, TCD

+353 87 202 1120 (m)

Sent from my iPhone

On 23 Sep 2015, at 08:11, HOGG Martin
<<>> wrote:

Dear all,

I am the owner of a Volkswagen Polo. It is not one of the diesel ones which
are being recalled because of allegedly falsified emission tests.
Nonetheless, it is a car tarnished by having a VW badge on it. When I come
to sell it, I may well find that I get less for it than I might otherwise
have, because of general reputational damage caused to the brand by VW’s (it
would appear) fraudulent practices. I wonder whether circumstances such as
these might trigger a damages claim against VW by owners of cars in my
position. Breach of contract might found the basis (though for breach of
what term? Contracts for the purchase of a car don’t import, I imagine, an
implied term of mutual trust and confidence, such as arises in employment
contracts, and founded “stigma damages” in the Malik v BBCI case), but I
doubt that a tortious/delictual claim would arise (given the potentially
huge number of claimants affected by the pure economic loss suffered, albeit
that any of them who directly bought their car from VW would be in a
proximate relationship by virtue of the contractual relationship). I’d be
interested to hear anyone’s thoughts on this. (I’m not actually thinking of
suing VW, as my intention was to drive the car for a number of years until
it basically gave up, so my musings on the subject are purely

Best wishes,


Professor Martin A. Hogg
Edinburgh Law School
The University of Edinburgh is a charitable body, registered in
Scotland, with registration number SC005336.