DARCY V. LEVER BROS. PTY. LIMITED
There is no implied contractual term absolving the defendants for loss by theft except by neglect or default; responsibility to keep, use, and dispose of kernels solely for stated purpose commenced upon delivery at the wharf. The loss of goods constituted a breach entitling the plaintiff to damages equal to the customs duty payable under Item 78 (E).
- Parties
- Plaintiff: Darcy; Defendant: Lever Bros. Pty. Ltd.; Defendant: Another (unnamed)
- Jurisdiction
- Australia
- Judgment Date
- 25 September 1947
- Procedural Posture
- Civil / Judgment
- Outcome
- judgment for the plaintiff
- Legal Topics
- Customs Bonds, Importation Under Security, Damages Calculation, Implied Contractual Terms, Loss of Goods Under Customs Control
Case Brief
Summary, issues, holding and outcome
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Parties
Darcy
Plaintiff
Lever Bros. Pty. Ltd.
Defendant
Another (unnamed)
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether loss by theft of goods imported under customs security constitutes breach of bond conditions
- 2 Whether implied terms absolve defendants of liability for theft not due to their neglect or default
- 3 When did the responsibility under the bond commence
Ratio Decidendi
There is no implied contractual term absolving the defendants for loss by theft except by neglect or default; responsibility to keep, use, and dispose of kernels solely for stated purpose commenced upon delivery at the wharf. The loss of goods constituted a breach entitling the plaintiff to damages equal to the customs duty payable under Item 78 (E).
Court Disposition
judgment for the plaintiff
Orders
- Plaintiff awarded £7361-0-5 with costs
Full Case Text
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