Manton Hire and Sales Ltd v Ash Manor Cheese Company Ltd [2013] EWCA Civ 548 (16 May 2013)

Manton Hire and Sales Ltd v Ash Manor Cheese Company Ltd [2013] EWCA Civ 548 (16 May 2013)

Ash did not act unreasonably in rejecting Manton's vague and unconvincing modification offer; Manton failed to provide a properly formulated, documented proposal and did not demonstrate that all necessary consents would be obtained. Ash's conduct was not unreasonable and did not foreclose further discussion. Manton is liable to indemnify Ash for its liability to Albury.

Citation
[2013] EWCA Civ 548
Parties
Appellant / Third Party: Manton Hire and Sales Limited; Respondent / Part 20 Claimant: Ash Manor Cheese Company Limited
Jurisdiction
England and Wales
Judgment Date
16 May 2013
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Mitigation of Loss, Collateral Contract, Fitness for Purpose, Implied Warranty, Indemnity, Hire Agreements
Contract Law Commercial Law Mitigation of Loss Collateral Contract Fitness for Purpose Implied Warranty Indemnity Hire Agreements

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Parties

Manton Hire and Sales Limited

Appellant / Third Party

Ash Manor Cheese Company Limited

Respondent / Part 20 Claimant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Ash Manor Cheese Company Limited failed to mitigate its loss by rejecting Manton Hire and Sales Limited's offer to modify the forklift truck
  2. 2 Whether Manton Hire and Sales Limited is liable to indemnify Ash Manor Cheese Company Limited for its liability to Albury Asset Rentals Limited

Ratio Decidendi

Ash did not act unreasonably in rejecting Manton's vague and unconvincing modification offer; Manton failed to provide a properly formulated, documented proposal and did not demonstrate that all necessary consents would be obtained. Ash's conduct was not unreasonable and did not foreclose further discussion. Manton is liable to indemnify Ash for its liability to Albury.

Court Disposition

Appeal dismissed

Orders

  • Manton Hire and Sales Limited is liable to indemnify Ash Manor Cheese Company Limited for the sum paid to Albury Asset Rentals Limited and associated costs.