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 court found that the car was contractually described and warranted as a '1930 Bentley Speed Six with a Speed Six engine and chassis.' The car did not conform to this description, as the engine was a reconstructed 1927 Standard 6½-litre engine and the chassis was largely reconstructed, lacking continuous documentary history. Mr Mann was liable as agent for an undisclosed principal (SMRL), and both SMRL and Fortis were in breach of contract. Mrs Brewer was entitled to reject the car, rescind the hire purchase agreement, and recover damages for her unrecovered outlay. Fortis's counterclaim for outstanding payments failed as the contract was rescinded for breach of description.

Citation
[2010] EWHC 2444 (QB)
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 / High Court Trial Judgment
Outcome
Judgment for the claimant in part; car to be returned; hire purchase agreement rescinded; damages awarded to Mrs Brewer; Fortis's counterclaim dismissed.
Legal Topics
Misrepresentation, Breach of Warranty, Description of Goods, Agency, Damages, Rescission, Hire Purchase, Contribution Proceedings
Contract Law Consumer Law Sale of Goods Misrepresentation Breach of Warranty Description of Goods Agency 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

Civil / High Court Trial Judgment

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
  3. 3 Whether the car conformed to contractual descriptions in the deposit, sale, and hire purchase agreements

Ratio Decidendi

The court found that the car was contractually described and warranted as a '1930 Bentley Speed Six with a Speed Six engine and chassis.' The car did not conform to this description, as the engine was a reconstructed 1927 Standard 6½-litre engine and the chassis was largely reconstructed, lacking continuous documentary history. Mr Mann was liable as agent for an undisclosed principal (SMRL), and both SMRL and Fortis were in breach of contract. Mrs Brewer was entitled to reject the car, rescind the hire purchase agreement, and recover damages for her unrecovered outlay. Fortis's counterclaim for outstanding payments failed as the contract was rescinded for breach of description.

Court Disposition

Judgment for the claimant in part; car to be returned; hire purchase agreement rescinded; damages awarded to Mrs Brewer; Fortis's counterclaim dismissed.

Orders

  • Mrs Brewer entitled to rescind the hire purchase agreement and reject the car.
  • Defendants to pay Mrs Brewer damages for unrecovered outlay (£94,555).