Site icon swarb.co.uk

Toepfer v Continental Grain Co: CA 1974

Cairns LJ said: ‘When parties enter into a contract on terms that the certificate of some independent person is to be binding as between them, it is important that the Court should not lightly relieve one of them from being bound by a certificate which was honestly obtained and not vitiated by fraud or fundamental mistake on the part of the certifier. When, for instance, as in this case, the certificate called for by the contract is one relating to the quality of the goods sold, the business purpose is to avoid disputes about quality, and that purpose is defeated unless it is made difficult for a party to go behind a valid certificate.’

Judges:

Lord Justice Cairns

Citations:

[1974] 1 Lloyds Reports 11

Jurisdiction:

England and Wales

Cited by:

CitedVeba Oil Supply and Trading Gmbh v Petrotrade Inc CA 6-Dec-2001
A dispute between parties to a contract was to be determined by an independent expert. It was claimed that his report was not binding on the parties, since he had departed from his instructions in a material way. In this context, what constituted a . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 19 May 2022; Ref: scu.183018

Exit mobile version