Ockerby and Co Ltd v Watson [1918] HCA 64

The company warranted they would be appointed Government agents for acquiring wheat. Failure to secure the appointment constituted a breach of contract, making them liable for damages to Watson.

Parties: Appellant: Ockerby & Co. Ltd.; Respondent: George Knight Watson
Jurisdiction: Australia
Judgment Date: 17 October 1918
Procedural Posture: Appeal / On Appeal From the Supreme Court of Western Australia
Outcome: appeal dismissed
Legal Topics: Agency, Employment of Sub Agent, Warranty, Impossibility of Performance, Breach of Contract

Contract Law Agency Employment of Sub Agent Warranty Impossibility of Performance Breach of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2

Parties

Ockerby & Co. Ltd.

Appellant

George Knight Watson

Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of Western Australia

Legal Issues

1 Whether the agreement was subject to a condition precedent that the company be appointed Government agents
2 Liability for damages where the company failed to secure the appointment as Government agents

Ratio Decidendi

The company warranted they would be appointed Government agents for acquiring wheat. Failure to secure the appointment constituted a breach of contract, making them liable for damages to Watson.

Court Disposition

appeal dismissed

Orders

Appeal dismissed with costs to respondent