Industrial Service (Telford) Ltd v Charles Ransford & Son Ltd
The original contract covered only the removal of waste and a limited quantity of residual liquid, not all contents of the tanks. The parties agreed that extra work beyond the original scope would be paid for, as evidenced by their correspondence and conduct. The appeal is dismissed as the trial judge's findings were justified.
- Parties
- Claimant/respondent: Industrial Service (Telford) Ltd; Defendant/appellant: Charles Ransford & Son Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 22 April 2005
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- Appeal dismissed
- Legal Topics
- Interpretation of Contract Terms, Quantum Meruit, Variation of Contract
Case Brief
Summary, issues, holding and outcome
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Parties
Industrial Service (Telford) Ltd
Claimant/respondent
Charles Ransford & Son Ltd
Defendant/appellant
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the contract was for a fixed price covering all work or only a limited scope
- 2 Whether extra work beyond the original contract was agreed to be paid for
- 3 Proper interpretation of the contract terms regarding scope of work
Ratio Decidendi
The original contract covered only the removal of waste and a limited quantity of residual liquid, not all contents of the tanks. The parties agreed that extra work beyond the original scope would be paid for, as evidenced by their correspondence and conduct. The appeal is dismissed as the trial judge's findings were justified.
Court Disposition
Appeal dismissed
Orders
- Appellants to pay Respondents' costs summarily assessed at £6,500
Full Case Text
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