Brewer v Mann & Ors (Rev 1) [2010] EWHC 2444 (QB) (14 October 2010)

Brewer v Mann & Ors (Rev 1) [2010] EWHC 2444 (QB) (14 October 2010)

The car was contractually described and warranted as a '1930 Bentley Speed Six with a Speed Six engine.' The car did not conform to this description, as its engine was a reconstructed 1927 Standard 6½-litre engine and the chassis was largely reconstructed, with no continuous documentary history. Mr Mann was liable as agent for an undisclosed principal (SMRL), and SMRL was liable as principal. Fortis was liable for breach of contract as the car did not conform to the contractual description. Mrs Brewer was entitled to reject the car, rescind the hire purchase agreement, and recover her outlay. Fortis's counterclaim for outstanding payments failed as the contract was rescinded for breach.

Citation
[2010] EWHC 2444
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
High Court Civil Claim (contract/warranty/misrepresentation) / Final Judgment After Trial
Outcome
Judgment for the claimant (Mrs Brewer) against Mr Mann, SMRL, and Fortis; hire purchase agreement rescinded; damages awarded to Mrs Brewer; Fortis's counterclaim dismissed.
Legal Topics
Misrepresentation, Breach of Warranty, Description of Goods, Agency (undisclosed Principal), Damages, Rescission, Hire Purchase, Contribution Proceedings
Contract Law Sale of Goods Consumer Law Misrepresentation Breach of Warranty Description of Goods Agency (undisclosed Principal) Damages +3 more

Case Brief

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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

High Court Civil Claim (contract/warranty/misrepresentation) / Final Judgment After Trial

Legal Issues

  1. 1 Whether the car was contractually warranted or described as a '1930 Bentley Speed Six with a Speed Six engine' and whether that description was accurate
  2. 2 Whether Mr Mann was personally liable or acted as agent for an undisclosed principal (SMRL)
  3. 3 Whether the car conformed to contractual descriptions in the deposit, sale, and hire purchase agreements

Ratio Decidendi

The car was contractually described and warranted as a '1930 Bentley Speed Six with a Speed Six engine.' The car did not conform to this description, as its engine was a reconstructed 1927 Standard 6½-litre engine and the chassis was largely reconstructed, with no continuous documentary history. Mr Mann was liable as agent for an undisclosed principal (SMRL), and SMRL was liable as principal. Fortis was liable for breach of contract as the car did not conform to the contractual description. Mrs Brewer was entitled to reject the car, rescind the hire purchase agreement, and recover her outlay. Fortis's counterclaim for outstanding payments failed as the contract was rescinded for breach.

Court Disposition

Judgment for the claimant (Mrs Brewer) against Mr Mann, SMRL, and Fortis; hire purchase agreement rescinded; damages awarded to Mrs Brewer; Fortis's counterclaim dismissed.

Orders

  • Mrs Brewer entitled to recover £94,555 from the defendants as damages for breach of warranty and contract.
  • Hire purchase agreement rescinded and car returned to Fortis.