Brewer v Mann & Ors (Rev 1)

Brewer v Mann & Ors (Rev 1)

Mr Mann gave a collateral contractual warranty that the car had a 1930 Speed Six engine, which was relied upon by Mrs Brewer in entering into the deposit contract and hire purchase agreement. The car did not conform to its description or warranty, having a reconstructed 1927 Standard 6½-litre engine and lacking continuous history. Mr Mann is personally liable and as agent for SMRL, SMRL is severally liable, and Fortis is liable for breach of implied terms in the hire purchase agreement. Mrs Brewer is entitled to damages and indemnity; Fortis's counterclaim fails.

Parties
Claimant: Mrs Mercedes Travis Brewer; First Defendant: Mr Stanley Mann; Second Defendant: Fortis Lease UK Limited; Third Defendant: Stanley Mann Racing Limited
Jurisdiction
England and Wales
Judgment Date
14 October 2010
Procedural Posture
Civil / Judgment
Outcome
Claim allowed; counterclaim dismissed
Legal Topics
Breach of Warranty, Misrepresentation, Sale by Description, Collateral Warranty, Agency, Damages, Rescission, Right to Reject, Continuous History, Expert Evidence
Contract Law Consumer Protection Sale of Goods Hire Purchase Breach of Warranty Misrepresentation Sale by Description Collateral Warranty +6 more

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Parties

Mrs Mercedes Travis Brewer

Claimant

Mr Stanley Mann

First Defendant

Fortis Lease UK Limited

Second Defendant

Stanley Mann Racing Limited

Third Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the car was contractually warranted/described as a '1930 Bentley Speed Six with a Speed Six engine'
  2. 2 Whether the contractual warranty or description was correct
  3. 3 Whether Mr Mann is personally liable or liable as agent for an undisclosed principal

Ratio Decidendi

Mr Mann gave a collateral contractual warranty that the car had a 1930 Speed Six engine, which was relied upon by Mrs Brewer in entering into the deposit contract and hire purchase agreement. The car did not conform to its description or warranty, having a reconstructed 1927 Standard 6½-litre engine and lacking continuous history. Mr Mann is personally liable and as agent for SMRL, SMRL is severally liable, and Fortis is liable for breach of implied terms in the hire purchase agreement. Mrs Brewer is entitled to damages and indemnity; Fortis's counterclaim fails.

Court Disposition

Claim allowed; counterclaim dismissed

Orders

  • Damages of £94,555 awarded to Mrs Brewer, jointly and severally against Mr Mann, SMRL, and Fortis
  • Indemnity from Mr Mann and SMRL to Mrs Brewer against any outstanding liability to Fortis