The court considered a finding by a tribunal that a contract of services had been transferred. Bridge J said: ‘To my mind, it runs counter to a fundamental principle that a man’s contractual position, particularly in such a vital matter as the identity of the master whom he is to serve, shall be crucially affected by an agreement between two other parties, the terms of which are never communicated to him.’
Otherwise: Smith v Blandford Gee Cementation Co Ltd
Judges:
Bridge J
Citations:
[1970] 3 All ER 154
Jurisdiction:
England and Wales
Cited by:
Cited – Biffa Waste Services Ltd and Another v Maschinenfabrik Ernst Hese Gmbh and others CA 12-Nov-2008
The defendant contracted to build a plant for the claimant. The plant was damaged by a fire caused by the defendant’s independent sub-contractor. The defendant appealed against the finding that it was responsible for the sub-contractor’s failure. . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 23 March 2022; Ref: scu.282629
