Facts This was a class action, with Evans representing the class of applicants. Between 1 July 2013 and 28 May 2015, Davantage Group Pty Ltd (“Davantage“) issued financial products in the form of motor vehicle warranties. On 23 August 2014, […]
Category: Contract Law
McDonald v Denny Lascelles Ltd (1933) 48 CLR 457
Facts On 19 February 1930, Dennys Lascelles Ltd (“Lascelles“) was assigned rights under a contract for a sale of land. He became the vendor to a future purchase by Rye Grazing Co. Pty Ltd (“RGC“). RGC needed more time to […]
Hartog v Colin & Shields [1939] 3 All ER 566
Facts The Plaintiff contracted with the Defendant to buy 30,000 rabbit skins By mistake, the price was offered by weight rather than per piece Presale negotiations had always been about per piece, which was how rabbit skins were usually sold […]
Hadley v Baxendale [1854] EWHC J70
Facts Mr Hadley and another (identity now unknown) were millers and mealmen. They were partners in proprietorship of City Steam Steam-Mills in the city of Gloucester. They owned a steam engine. A crankshaft of a steam engine at the mill had […]
Bellgrove v Eldridge [1954] 90 CLR 613
Facts Eldridge contracted with Bellgrove to build a brick house villa according to agreed specifications. The price for Bellgrove to build the work was £3,500.00. Eldridge paid only £3,100.00 to Bellgrove. Bellgrove commenced proceedings to recover the balance, but Eldridge […]
Tabcorp Holdings Ltd v Bowen Investments Pty Ltd (2009) 236 CLR 272
Facts On the morning of 14 July 1997, an agent of Bowen Investments Pty Ltd (“Bowen“) met with Tabcorp Holdings Ltd (“Tabcorp“). Tabcorp rented a building in St Kilda from Bowen. The meeting was to discuss the tenant’s proposals to […]
Partridge v Crittenden [1968] 1 WLR 1204
Facts On 13 April 1967, an advertisement by Arthur Partridge appeared in a periodical called “Cage and Aviary Birds“. The advertisement stated: “Quality British A.B.C.R… Bramblefinch cocks, Bramblefinch hens 25 s. each.” The advertisement made no mention of any “offer […]
Mason v Clarke (1955) AC 778
Facts Clarke was a farmer who rented 450 acres of land in England. The land had a problem with rabbits. Mason was a professional rabbit catcher. Orally, Mason and Clarke decided that Mason would pay £100 to be allowed to catch […]
Leonard v. Pepsico, Inc., 88 F. Supp. 2d 116, (S.D.N.Y. 1999)
Facts In the 90’s, Pepsi had a loyalty system where a consumer would earn “Pepsi Points” for every Pepsi purchase. These points could be redeemed for prizes. In a fanciful TV commercial, Pepsi advertised that a consumer could redeem 7,000,000 in […]
Derry v Peek (1889) LR 14 App Cas 337
Facts The Plymouth, the Devonport and District Tramways company issued a prospectus stating that the company had permission to use steam trams. The company had no such consent but honestly believed that they would obtain it. The company went into […]