August 28, 2025
A couple purchased a motor repair business relying on their solicitors' negligent advice that a right of way existed. When the access was blocked, their business failed. The court assessed damages on a 'no-transaction' basis, awarding expenditure less recoveries, but disallowed damages for mental distress in commercial contracts. Facts Mr...
August 28, 2025
Appellants sent a telegram asking if Facey would sell property and his lowest price. Facey replied with only the lowest price (£900). Appellants purported to accept. The Privy Council held no contract existed as stating a lowest price was not an offer to sell. Facts The Appellants, Harvey and another,...
August 28, 2025
An art dealer sold a painting attributed to Gabriele Münter to another dealer for £6,000, but it was later discovered to be a forgery. The buyer claimed breach of the implied condition under s.13(1) of the Sale of Goods Act 1979 (sale by description). The Court of Appeal held there...
August 28, 2025
Young pheasants died after eating compound food containing toxic Brazilian groundnut meal. The case examined liability through the chain of supply under the Sale of Goods Act 1893 and Fertilisers and Feeding Stuffs Act 1926, establishing important principles on implied conditions of fitness for purpose and merchantability in commercial sales....
August 28, 2025
The plaintiffs, millers in Gloucester, sent a broken crankshaft via the defendants' carrier service to manufacturers in Greenwich for a replacement. The defendants delayed delivery, causing the mill to remain stopped longer than necessary. The court established the foundational rule for remoteness of damages in contract law. Facts The plaintiffs,...
August 28, 2025
Pig farmers purchased a bulk food storage hopper from manufacturers who failed to open the ventilator when installing it. This caused pig-nuts to become mouldy, leading to E. coli infection killing 254 pigs. The Court of Appeal held the manufacturers liable, establishing that in physical damage cases, liability extends to...
August 28, 2025
Salvors contracted with Great Peace to escort a damaged vessel, believing the ships were close. They were actually 410 miles apart. The salvors sought to avoid the contract for common mistake. The Court of Appeal held the contract was valid, rejecting an equitable doctrine of mistake separate from common law....
August 28, 2025
The Government of Zanzibar purchased an executive jet aircraft from British Aerospace, alleging misrepresentations about its airworthiness and reliability. The court dismissed the main action for delay and abuse of process, holding that issuing writs at limitation's end without readiness to proceed was impermissible. The judgment clarified that damages under...
August 28, 2025
During a coal strike, colliery owners requested police be billeted at their premises to protect safety men working the pumps. The police superintendent believed a mobile force would suffice but agreed to provide a garrison upon the owners signing a requisition promising payment. The House of Lords held that where...
August 28, 2025
Mr Gibson sought to purchase his council house under a scheme later abandoned by Manchester City Council following a change in political control. The House of Lords held that the council's letter stating they 'may be prepared to sell' did not constitute a legally binding offer capable of acceptance, being...
August 28, 2025
Farmers ordered cabbage seed but received seed that produced unmarketable plants without hearts due to the supplier's negligence. The seed merchants sought to rely on a limitation clause restricting liability to refunding the purchase price. The Court of Appeal held the clause did not protect against negligence and was unreasonable...
August 28, 2025
A concert by Guns 'n' Roses in Madrid was cancelled when the stadium was found unsafe due to high alumina cement construction. The court held the contract was frustrated and the promoter could recover its advance payment of US$412,500, with no deduction for the defendant's expenses, applying the Law Reform...
August 28, 2025
Dr Foakes owed Mrs Beer £2090 19s under a judgment. They agreed he would pay in instalments without Mrs Beer taking proceedings. After full payment of principal, Mrs Beer claimed interest. The House of Lords held that payment of a lesser sum cannot satisfy a greater debt without fresh consideration....
August 28, 2025
Mr Stimson signed a hire purchase offer for a car but returned it dissatisfied before the finance company accepted. The car was subsequently stolen and damaged. The Court of Appeal held no contract existed as the offer was revoked through the dealer (as agent) and was conditional on the car...
August 28, 2025
A Polish company paid £1,000 in advance for textile machinery to be delivered to Gdynia. The contract was frustrated when Germany invaded Poland, making delivery impossible. The House of Lords overruled Chandler v Webster, holding that money paid for a consideration which has wholly failed is recoverable even where a...
August 28, 2025
Mr Farley employed a surveyor to investigate aircraft noise affecting a property before purchase. The surveyor negligently failed to discover the property was near an aircraft stacking area. Despite no diminution in property value, Mr Farley recovered £10,000 damages for the discomfort and loss of enjoyment caused by the noise....
August 28, 2025
Stevedores negligently damaged cargo while unloading. A bill of lading, to which they were not a party, contained an exemption clause extending protection to them. The Privy Council held the stevedores could rely on the clause, creating a binding contract through their performance. Facts A valuable drilling machine was shipped...
August 28, 2025
Esso ran a promotion giving 'free' World Cup coins to motorists buying four gallons of petrol. The issue was whether these coins were 'produced for sale' and thus subject to purchase tax. The House of Lords held the coins were gifts, not sales, as there was no intention to create...
August 28, 2025
A father bought a house for his son and daughter-in-law, paying a deposit and arranging a building society mortgage. He promised the house would be theirs when the mortgage was paid off. After his death, his widow sought possession. The Court of Appeal held the couple were contractual licensees who...
August 28, 2025
Entores made an offer via Telex from London, which was accepted by Telex from Amsterdam. The Court of Appeal held that for instantaneous communications like Telex or telephone, a contract is complete when acceptance is received by the offeror, not when sent. The contract was therefore made in London where...
August 28, 2025
The plaintiffs purchased a hairdressing salon after the defendant falsely represented he would not work at his nearby competing salon. When business declined due to the defendant's continued local practice, the plaintiffs claimed damages for fraudulent misrepresentation. The Court of Appeal confirmed that loss of profits is recoverable in deceit...
August 28, 2025
Mr Doyle was fraudulently induced to purchase an ironmonger's business through false representations about turnover, staffing and trade composition. The Court of Appeal held that damages for deceit should compensate for all actual loss directly flowing from the fraud, not merely contractual expectation loss, increasing damages from £1,500 to £5,500....
August 28, 2025
Mr Bentley purchased a Bentley car from a dealer who represented it had done only 20,000 miles since being fitted with a replacement engine and gearbox. This statement was false. The Court of Appeal held this was a warranty, not merely an innocent misrepresentation, because the dealer was in a...
August 28, 2025
Directors of a tramway company issued a prospectus stating the company had the right to use steam power, when in fact this required Board of Trade consent. Sir Henry Peek purchased shares relying on this statement. The House of Lords held that an action for deceit requires proof of fraud,...
August 28, 2025
A building contractor agreed to build 78 houses within eight months but took twenty-two months due to labour and material shortages. The contractor claimed the contract was frustrated and sought payment on a quantum meruit basis. The House of Lords held the contract was not frustrated as the work remained...
August 24, 2026
National Case Law Archive
August 24, 2026
National Case Law Archive
August 24, 2026
National Case Law Archive