Bacon v Purcell [1916] UKPCHCA 2

Bacon v Purcell [1916] UKPCHCA 2

Oliffe, the respondent's agent, had authority to vary the time for delivery of the cattle under the contract, his actions amounted to a waiver of strict delivery on the specified date, and therefore the vendor was entitled to retain his verdict for damages for breach of contract.

Parties
Appellant: Edwin Charles Bacon; Respondent: Purcell; Agent: G. H. Oliffe
Jurisdiction
Australia
Judgment Date
30 June 1916
Procedural Posture
Appeal / Judgment on Appeal From the High Court of Australia
Outcome
appeal allowed
Legal Topics
Sale of Goods, Authority of Agent, Variation of Contract, Severability of Contract, Damages for Breach of Contract
Contract Law Agency Law Sale of Goods Authority of Agent Variation of Contract Severability of Contract Damages for Breach of Contract

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Parties

Edwin Charles Bacon

Appellant

Purcell

Respondent

G. H. Oliffe

Agent

Procedural Posture

Appeal / Judgment on Appeal From the High Court of Australia

Legal Issues

  1. 1 Interpretation of the date for delivery under a written sale of cattle contract
  2. 2 Authority of agent to vary the terms of delivery under the contract
  3. 3 Whether the contract for two lots of cattle was severable

Ratio Decidendi

Oliffe, the respondent's agent, had authority to vary the time for delivery of the cattle under the contract, his actions amounted to a waiver of strict delivery on the specified date, and therefore the vendor was entitled to retain his verdict for damages for breach of contract.

Court Disposition

appeal allowed

Orders

  • Judgment of the High Court of Australia set aside with costs
  • Judgments of the Supreme Court of Queensland restored