The claimant had bought a vintage Ferrari motor car through the defendant auctioneers in Monaco but sought rescission after it appeared that the odometer had been altered. The auction conditions purported to exclude any description of the car. He appealed against refusal of a request for leave to serve the defendant outside the jurisdiction.
Mance LJ said: ‘As to English law, the judge also concluded, obiter, that Mr Morin had a reasonable prospect of showing that [BandB Monaco] owed him and were in breach of a duty of care, despite cll 3 and 27 of the conditions of sale. He distinguished statements of Morison J in De Balkany v Christie Manson and Woods Ltd (1997) 16 Tr LR 163 as obiter and as concerned with differently worded conditions. The present conditions are at pains to exclude any warranty or guarantee, and to refer to catalogue statements as matters of ‘opinion’. But cl 3 is prefaced by the words ‘Whilst every effort is made to ensure the accuracy of the description of each Lot in any Catalogue’ and cl 27 says that the description and information in the catalogue ‘are given for guidance’. It is a usual implication in relation to any expression of opinion by a professional person that due diligence has been exercised in preparing and expressing the opinion, and the opening words of cl 3 are entirely consistent with this’.
Judges:
Lord Justice Keene Lord Justice Mance
Citations:
[2003] EWCA Civ 1802, [2004] 1 All ER (Comm) 880, [2004] 1 Lloyd’s Rep 702, [2004] ILPr 24
Links:
Statutes:
Private International Law (Miscellaneous Provisions) Act 1995
Jurisdiction:
England and Wales
Citing:
Appeal from – Morin v Bonhams and Brooks Ltd and Another ComC 18-Mar-2003
Claim for rescission of contract for purchase of Ferrari car at auction after discovery of alteration to odometer.
Jonathan Hirst QC said (after discussing the Christie’s case): ‘Plainly this authority provides substantial ammunition for BandB . .
Cited – Protea Leasing Ltd v Royal Air Cambodge Company Ltd ComC 12-Dec-2002
The court should be careful before applying cases predating the 1995 Act on related issues. . .
Cited – Distillers Co Ltd v Thompson HL 1971
When asking where a tort occurred so as to give jurisdiction the court should ask: ‘where in substance did the cause of action arise, or . . what were the elements which constituted the gist of the relevant tort which it was alleged had been . .
Cited – Metall und Rohstoff AG v Donaldson Lufkin and Jenrette Inc and another QBD 29-Mar-1988
The plaintiff had suffered damage when given negligent advice. It obtained a judgment but the company became insolvent, and it now sought to sue the US parent company in conspiracy. The defendant said that to establish conspiracy it was necessary . .
Cited – De Balkany v Christie Manson and Woods Ltd QBD 19-Jan-1995
Over-painting was deemed to be a forgery within the Christie terms and conditions. The exception was excluded. Christie’s was liable under the guarantee it had given. Morison J also considered (obiter) the defendant’s possible liability in tort, and . .
Cited by:
Cited – Avrora Fine Arts Investment Ltd v Christie, Manson and Woods Ltd ChD 27-Jul-2012
The claimants had bought a painting (Odalisque) through the defendant auctioneers. They now claimed that it had been misattributed to Kustodiev, and claimed in negligence and misrepresentation.
Held: Based on the connoisseurship evidence, the . .
Cited – VTB Capital Plc v Nutritek International Corp and Others SC 6-Feb-2013
The claimant bank said that it had been induced to create very substantial lending facilities by fraudulent misrepresentation by the defendants. They now appealed against findings that England was not clearly or distinctly the appropriate forum for . .
Lists of cited by and citing cases may be incomplete.
Contract, Jurisdiction
Updated: 08 June 2022; Ref: scu.191204
