EDEN CONSTRUCTIONS (NSW) PTY LTD v HAINES [1991] NSWCA 86

EDEN CONSTRUCTIONS (NSW) PTY LTD v HAINES [1991] NSWCA 86

Information conveyed in contract was not warranted as true and correct; no collateral contract existed; claim in negligence not established as alleged representations were not made; appellant obliged to carry out work to specified profile regardless of actual quantity encountered.

Parties
Appellant: Eden Constructions (NSW) Pty Ltd; Respondent: Haines
Jurisdiction
Australia
Judgment Date
18 October 1991
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Collateral Contract, Negligent Misrepresentation, Interpretation of Contractual Terms, Variation of Contract
Contract Law Tort Law Collateral Contract Negligent Misrepresentation Interpretation of Contractual Terms Variation of Contract

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Parties

Eden Constructions (NSW) Pty Ltd

Appellant

Haines

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether information contained in contract was warranted as true and correct
  2. 2 Existence of a collateral contract based on alleged warranties
  3. 3 Liability for negligent misrepresentation in supplying information

Ratio Decidendi

Information conveyed in contract was not warranted as true and correct; no collateral contract existed; claim in negligence not established as alleged representations were not made; appellant obliged to carry out work to specified profile regardless of actual quantity encountered.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs