Gregor Fisken Ltd v Carl (Rev 1) [2021] EWCA Civ 792 (28 May 2021)
Gregor Fisken Limited is the contracting party and entitled to enforce the contract; property in the gearbox passed to it on completion; the Sale of Goods Act 1979 applies; delivery and inspection should occur in London; Bernard Carl is not entitled to the additional US $500,000 payment.
- Citation
- [2021] EWCA Civ 792
- Parties
- Respondent/claimant: Gregor Fisken Limited; Appellant/defendant: Bernard Carl
- Jurisdiction
- England and Wales
- Judgment Date
- 28 May 2021
- Procedural Posture
- Appeal / Court of Appeal Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Agency, Sale of Goods, Specific Performance, Passing of Property, Contractual Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Gregor Fisken Limited
Respondent/claimant
Bernard Carl
Appellant/defendant
Procedural Posture
Appeal / Court of Appeal Judgment
Legal Issues
- 1 Is Gregor Fisken Limited entitled to enforce the contract despite being described as agent for an undisclosed principal?
- 2 Did property in the gearbox pass to Gregor Fisken Limited on completion?
- 3 Is the contract governed by the Sale of Goods Act 1979?
Ratio Decidendi
Gregor Fisken Limited is the contracting party and entitled to enforce the contract; property in the gearbox passed to it on completion; the Sale of Goods Act 1979 applies; delivery and inspection should occur in London; Bernard Carl is not entitled to the additional US $500,000 payment.
Court Disposition
Appeal dismissed
Orders
- Gregor Fisken Limited entitled to enforce contract
- Gearbox to be delivered to Gregor Fisken Limited in London
Full Case Text
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