Iveco Finance Ltd v Man Truck & Bus UK Ltd [2003] EWCA Civ 1613 (30 October 2003)
The invoices from Man Truck & Bus UK Limited to Iveco Finance Limited constituted an offer for sale of trucks as described, which was accepted by payment; Man was contractually obliged to supply trucks fitted with fridge box bodies, and failure to do so entitled Iveco to reject the goods and recover the price.
- Citation
- [2003] EWCA Civ 1613
- Parties
- Claimant/respondent: Iveco Finance Limited; Defendant/appellant: Man Truck & Bus UK Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 30 October 2003
- Procedural Posture
- Civil Appeal / Appeal From Summary Judgment in the High Court, Queen's Bench Division
- Outcome
- Appeal dismissed
- Legal Topics
- Sale of Goods, Summary Judgment, Triangular Transactions, Agency, Contract Formation
Case Brief
Summary, issues, holding and outcome
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Parties
Iveco Finance Limited
Claimant/respondent
Man Truck & Bus UK Limited
Defendant/appellant
Procedural Posture
Civil Appeal / Appeal From Summary Judgment in the High Court, Queen's Bench Division
Legal Issues
- 1 Whether a contract existed between Man Truck & Bus UK Limited and Iveco Finance Limited for the sale of six trucks
- 2 Whether Man Truck & Bus UK Limited was in breach of contract by failing to deliver trucks as described
- 3 Whether City Truck Group acted as agent for Iveco Finance Limited
Ratio Decidendi
The invoices from Man Truck & Bus UK Limited to Iveco Finance Limited constituted an offer for sale of trucks as described, which was accepted by payment; Man was contractually obliged to supply trucks fitted with fridge box bodies, and failure to do so entitled Iveco to reject the goods and recover the price.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs to be subject to detailed assessment on the standard basis if not agreed
Full Case Text
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