Gregor Fisken Ltd v Carl (Rev 1)

Gregor Fisken Ltd v Carl (Rev 1)

Gregor Fisken Limited was a party to the contract and entitled to enforce it as principal due to its unqualified signature. The Sale of Goods Act 1979 applied to the gearbox, and property in the gearbox passed to the buyer on completion. The buyer was entitled to examine the gearbox at the place of its location (California), not necessarily in Italy. Delivery was to be made available for collection by the buyer at the gearbox's location. The seller was entitled to the additional US $500,000 payment upon the buyer's receipt of the gearbox. There was no repudiation of the contract by the buyer. The order for specific performance was affirmed, conditional on payment of the US $500,000 and...

Parties
Respondent/claimant: Gregor Fisken Limited; Appellant/defendant: Bernard Carl
Jurisdiction
England and Wales
Judgment Date
28 May 2021
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed save as to the entitlement to the US $500,000 payment and shipping costs; order for specific performance affirmed with conditions.
Legal Topics
Agency, Specific Performance, Passing of Property, Repudiation, Interpretation of Contracts
Contract Law Sale of Goods Agency Specific Performance Passing of Property Repudiation Interpretation of Contracts

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Parties

Gregor Fisken Limited

Respondent/claimant

Bernard Carl

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Gregor Fisken Limited was a party to the contract and entitled to enforce it
  2. 2 Whether the Sale of Goods Act 1979 applied to the gearbox
  3. 3 When property in the gearbox passed to the buyer

Ratio Decidendi

Gregor Fisken Limited was a party to the contract and entitled to enforce it as principal due to its unqualified signature. The Sale of Goods Act 1979 applied to the gearbox, and property in the gearbox passed to the buyer on completion. The buyer was entitled to examine the gearbox at the place of its location (California), not necessarily in Italy. Delivery was to be made available for collection by the buyer at the gearbox's location. The seller was entitled to the additional US $500,000 payment upon the buyer's receipt of the gearbox. There was no repudiation of the contract by the buyer. The order for specific performance was affirmed, conditional on payment of the US $500,000 and...

Court Disposition

Appeal dismissed save as to the entitlement to the US $500,000 payment and shipping costs; order for specific performance affirmed with conditions.

Orders

  • Gregor Fisken Limited to pay Bernard Carl US $500,000 plus interest and the cost of shipping the gearbox from California to London as a condition of release of the gearbox.
  • Bernard Carl to bear the cost of US $25,000 paid to Canepa.