September 1, 2025
A newsagent was injured when the saddle of a hired bicycle, supplied as a replacement under a hire agreement, tilted forward causing him to fall. The Court of Appeal held that an exemption clause protecting against contractual liability did not extend to liability for negligence, establishing important principles on construing...
September 1, 2025
An advertising company continued to display unwanted advertisements after the customer repudiated the contract on the same day it was signed. The House of Lords held (3-2) that the innocent party could elect to perform the contract and claim the contract price rather than accept repudiation and sue for damages....
September 1, 2025
Wertheim contracted to purchase 3,000 tons of wood pulp from Chicoutimi Pulp Company for delivery between September and November 1900. Delivery was delayed until June 1901. The Privy Council held that damages for late delivery should reflect actual loss sustained, not the theoretical market price difference, as Wertheim had resold...
September 1, 2025
Mr and Mrs Watts purchased a country house relying on a negligent survey report that failed to identify significant defects. The Court of Appeal held that damages for negligent survey should be measured by diminution in value, not cost of repairs, and that damages for distress are limited to physical...
September 1, 2025
A father promised to pay £1 weekly for his illegitimate child's maintenance if the mother proved the child would be well looked after and happy. The Court of Appeal held there was sufficient consideration for this promise, even though the mother had a pre-existing legal duty to maintain the child....
September 1, 2025
The ITF 'blacked' a flag-of-convenience vessel at Milford Haven, compelling the shipowners to pay $80,000 including $6,480 to a Welfare Fund. The shipowners sought recovery of the Welfare Fund contribution on grounds of resulting trust or economic duress. The House of Lords held there was no trust, but the demand...
September 1, 2025
William Tweddle married the daughter of William Guy. Both fathers agreed in writing to pay sums to William Tweddle, with the agreement stating he could sue for the amounts. When Guy's executor failed to pay, Tweddle sued. The court held that a stranger to the consideration cannot sue on a...
September 1, 2025
T.M.M.C. granted TECO a patent licence requiring royalty and 'compensation' payments for exceeding production quotas. During wartime, T.M.M.C. informally suspended compensation claims. The House of Lords held that delivery of a counterclaim in earlier litigation sufficiently terminated this equitable suspension, allowing T.M.M.C. to recover compensation after reasonable notice. Facts Tool...
September 1, 2025
A professional trumpeter was injured at an automatic car park. The parking company sought to rely on exemption clauses displayed on premises and referenced on a machine-issued ticket. The Court held that contractual terms from an automatic machine come too late if issued after the contract is formed, and unusual...
September 1, 2025
A landlord sought rectification of a lease where the rent review clause omitted provision for arbitration in default of agreement. The tenant's director knew of this omission but did not inform the landlord. The Court of Appeal upheld rectification based on unilateral mistake where one party knowingly failed to correct...
September 1, 2025
Taylor agreed to hire the Surrey Gardens and Music Hall from Caldwell for four concert days. Before the first concert, the Hall was destroyed by accidental fire. The Court held that both parties were excused from performance as the contract impliedly depended on the continued existence of the Hall. This...
September 1, 2025
Surrey County Council and Mole Valley District Council sold land to Bredero Homes subject to covenants requiring development in accordance with planning permission for 72 houses. Bredero obtained new permission and built 77 houses, making additional profit. The councils sought damages for breach of covenant but, having suffered no financial...
September 1, 2025
Wijsmuller contracted to transport Lauritzen's drilling rig using either Super Servant One or Two. Super Servant Two sank before performance. Wijsmuller allocated Super Servant One to other contracts and claimed frustration. The Court of Appeal held the contract was not frustrated because Wijsmuller's election determined which contract could not be...
September 1, 2025
Sailors sought extra wages after two crew members deserted, with the captain promising to divide deserters' wages among remaining crew. The court held the agreement void for want of consideration, as sailors were already contractually bound to complete the voyage under all emergencies. Facts The plaintiff was a seaman on...
September 1, 2025
Stewart Gill sued Horatio Myer for unpaid contract sums. Myer sought to set off cross-claims for alleged breaches. Stewart Gill relied on a clause excluding set-off rights. The Court of Appeal held the entire clause must satisfy the reasonableness test under the Unfair Contract Terms Act 1977, and found it...
September 1, 2025
St Albans Council contracted with ICL to supply computer software for community charge collection. Faulty software overstated the local population by 2,966, causing the Council to set the charge too low and suffer significant revenue losses. The Court held ICL breached its contract and that limitation clauses failed the reasonableness...
September 1, 2025
Warehousemen stored barrels of orange juice which were returned damaged. The customer counterclaimed for negligence, but the warehousemen relied on an exemption clause in their contract conditions. The Court of Appeal held the exemption clause was incorporated through course of dealing and protected against negligence, provided there was no breach...
September 1, 2025
Mrs Smith purchased a house relying on a mortgage valuation report prepared for the building society, which negligently failed to identify serious structural defects. The surveyors sought to rely on a disclaimer of liability. The House of Lords held that surveyors owe a duty of care to purchasers who they...
September 1, 2025
Smith was induced by fraudulent misrepresentations to purchase Ferranti shares at an inflated price. The shares later collapsed in value due to an unrelated pre-existing fraud. The House of Lords held that in deceit, the plaintiff may recover all losses directly flowing from the fraudulent transaction, not limited to the...
August 31, 2025
A nephew sued his uncle's executors for unpaid annuity instalments promised by the uncle upon hearing of the nephew's intended marriage. The court held that marriage, induced by the uncle's promise, constituted valid consideration despite the nephew being already engaged, as it involved detriment to the nephew and benefit to...
August 31, 2025
Stevedores negligently damaged a drum of cargo belonging to the respondents during unloading. The stevedores sought to rely on limitation of liability clauses in the bill of lading between the carrier and cargo owner, despite not being parties to that contract. The House of Lords held that a stranger to...
August 31, 2025
Plaintiffs contracted to deliver coals to third parties, who sold them to the defendant. The defendant promised to unload at a certain rate in exchange for delivery. The court held that delivery to the defendant was good consideration for his promise, despite the plaintiffs' pre-existing contractual duty to third parties....
August 31, 2025
An elderly widow assigned her leasehold property to a fraudster believing she was signing a deed of gift to her nephew. The building society had advanced money on the property's security in good faith. The House of Lords dismissed her plea of non est factum, holding the document was not...
August 31, 2025
A contractor built a swimming pool 9 inches shallower than contracted. The pool remained safe and functional, with no diminution in value. The House of Lords held that the cost of rebuilding (£21,560) was unreasonable and disproportionate, awarding instead £2,500 for loss of amenity. Facts Mr Forsyth contracted with Ruxley...
August 31, 2025
A motor dealer misrepresented the deposit amount to a finance company to secure a hire-purchase agreement. The customer later dishonestly sold the car and defaulted. The Court of Appeal held that damages under s.2(1) Misrepresentation Act 1967 are assessed as for fraudulent misrepresentation, allowing recovery of all direct losses even...
August 24, 2026
National Case Law Archive
August 24, 2026
National Case Law Archive
August 24, 2026
National Case Law Archive