Persimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd and Another: CA 22 Oct 2009

The defendant company had contracted to carry out works for the claimant. In fact the claimant did not ask the defendant to do the work but carried it out itself. When sued for damages the defendant claimed that the claimant’s conduct amounted to a representation that the claimant had waived the requirement that the defendant do the work.
Held: On the facts of the case, the unexplained and unquestioned actions of the claimant did not amount to an unequivocal representation that they were waiving their obligations to the defendant to perform their obligation.


Rix, Wall, Aikens LJJ


[2009] EWCA Civ 1108, [2009] NPC 118




England and Wales


CitedMartin v David Wilson Homes Ltd CA 28-Jun-2004
The court considered the construction of a restrictive covenant, and was asked whether an indefinite article ‘a private dwellinghouse’ was to be construed as a limitation of number or whether it was to be construed as being as to the manner of use. . .
Lists of cited by and citing cases may be incomplete.


Updated: 04 August 2022; Ref: scu.376233