Tag Archives: Contract
Robinson -v- Harman; 18-Jan-1848
Damages for breach of contract should compensate the victim of the breach for the loss of his contractual bargain. Baron Parke: ‘The rule of the common law is, that where a party sustains a loss by reason of a breach … Continue reading
Bettini -v- Gye; QBD 1876
Mr Bettini agreed to sing for Mr Gye in concerts and operas in London between March and July 1875. The contract said he was to be in London ‘without fall’ at least six days before the 30th March for rehearsals. … Continue reading
Filed under Contract
Lombard North Central -v- Butterworth; CA 31-Jul-1986
The defendant entered into a hire-purchase contract for a computer, time being stipulated to be ‘of the essence’ in relation to the payment obligations. He defendant defaulted, and the plaintiff took possession of the goods, and and sought payment of … Continue reading
Filed under Contract, Financial Services
Financings Ltd -v- Baldock; CA 1963
If an owner determines a hire purchase agreement in exercise of a right so to do given him by the agreement, in the absence of repudiation he can recover damages for any breaches up to the date of termination but … Continue reading
Photo Production Ltd -v- Securicor Transport Ltd; HL 14-Feb-1980
The plaintiffs had contracted with the defendants for the provision of a night patrol service for their factory. The perils the parties had in mind were fire and theft. A patrol man deliberately lit a fire which burned down the … Continue reading
Filed under Contract
Bunge Corporation (New York) -v- Tradax Export Sa (Panama); HL 25-Feb-1981
The fob contract for the sale of goods required the buyers to give notice of the probable readiness of the ships on which the goods were to be carried. The notice was given four days too late. The sellers declared … Continue reading
Entores Ltd -v- Miles Far East Corporation; CA 1955
The plaintiff traded from London, and telexed an offer to purchase cathodes to a company in Holland, who signified their acceptance by return, again by telex. Entores later wanted to sue the defendant, the parent company of the dutch party. … Continue reading
Filed under Contract
Hong Kong Fir Shipping Co -v- Kawasaki Kisen Kaisha Ltd; CA 20-Dec-1961
The plaintiffs had recently acquired the ship the ‘Hong Kong Fir’ and contracted to charter it to the defendants, but being late in delivering it, the defendants cancelled the charterparty contract. The plaintiffs said the repudiation was wrongful, and that … Continue reading
Lloyds & Scottish Finance Ltd -v- Cyril Lord Carpet Sales Limited; HL 1992
Lord Wilberforce considering whether certain assignment of book debts were in substance absolute assignments by way of sale or assignments by way of charge and would be void against a liquidator for non-registration under the Companies Act. He said: ‘My … Continue reading
Filed under Banking, Company, Contract, Insolvency
Charter Reinsurance Co Ltd -v- Fagan and Others; HL 24-May-1996
The re-insurers appealed against a finding that they were liable to make payment under a contract which required them to pay ‘sums actually paid.’ They said that the company having become insolvent, no payment would in fact be made.Held: The … Continue reading
