Iveco Finance Ltd v Man Truck & Bus UK Ltd [2003] EWCA Civ 1613 (30 October 2003)

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

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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

  1. 1 Whether a contract existed between Man Truck & Bus UK Limited and Iveco Finance Limited for the sale of six trucks
  2. 2 Whether Man Truck & Bus UK Limited was in breach of contract by failing to deliver trucks as described
  3. 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