MCDERMOTT V. COLLIEN & LUFF

MCDERMOTT V. COLLIEN & LUFF

Plaintiff failed to establish entitlement to rescission as he accepted and used the car beyond a reasonable time, but established entitlement to damages for breach of warranty, limited to the cost of putting the car into first-class new car condition less amounts already received or agreed.

Parties
Plaintiff: McDermott; Defendants: Collien & Luff
Jurisdiction
Australia
Judgment Date
06 August 1954
Procedural Posture
Original Jurisdiction / Judgment After Trial
Outcome
Plaintiff's claim for rescission and return of purchase money fails; claim for damages for breach of warranty succeeds. Questions as to form of judgment and as to costs reserved.
Legal Topics
Implied Conditions and Warranties, Breach of Contract, Damages, Acceptance of Goods
Contract Law Sale of Goods Implied Conditions and Warranties Breach of Contract Damages Acceptance of Goods

Case Brief

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Parties

McDermott

Plaintiff

Collien & Luff

Defendants

Procedural Posture

Original Jurisdiction / Judgment After Trial

Legal Issues

  1. 1 Whether the car was delivered in first-class new car condition as per the express condition of sale
  2. 2 Whether the implied conditions of fitness for purpose and merchantable quality under the Sale of Goods Act were breached
  3. 3 Whether the plaintiff was entitled to rescind the contract and recover the purchase money or limited to damages for breach of warranty

Ratio Decidendi

Plaintiff failed to establish entitlement to rescission as he accepted and used the car beyond a reasonable time, but established entitlement to damages for breach of warranty, limited to the cost of putting the car into first-class new car condition less amounts already received or agreed.

Court Disposition

Plaintiff's claim for rescission and return of purchase money fails; claim for damages for breach of warranty succeeds. Questions as to form of judgment and as to costs reserved.

Orders

  • Judgment for plaintiff for £76/10/0 less £35, being the balance of the £50 arrangement not required for repairs. Final orders and costs to be determined pending further argument or agreement.