Carswell v Collard: HL 1893

Lord Herschell discussed the test for whether a contract had been renounced, and said: ‘Of course the question was not what actually influenced [the innocent party], but what effect the conduct of the [other party] would be reasonably calculated to have upon a reasonable person.’


Lord Herschell


(1893) 20 R (HL) 47


England and Wales

Cited by:

CitedSK Shipping (S) Pte Ltd v Petroexport Ltd ComC 24-Nov-2009
The parties disputed the termination of a charterparty for anticipatory repudiatory breach.
Held: To the extent that the dispute relied on disputes of fact, the court preferred the evidence of the claimant. The defendant had displayed an . .
Lists of cited by and citing cases may be incomplete.


Updated: 18 May 2022; Ref: scu.381490