Iveco Finance Ltd v Man Truck & Bus UK Ltd

Iveco Finance Ltd v Man Truck & Bus UK Ltd

The invoices from Man to Iveco constituted an offer for sale of trucks as described, which Iveco accepted by payment. The trucks did not correspond with the contractual description at the time of sale, entitling Iveco to reject them. There was no evidence of an agency relationship between City and Iveco. Summary judgment was appropriate as there were no triable issues of fact.

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
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Contract Formation, Sale by Description, Agency
Contract Law Sale of Goods Summary Judgment Contract Formation Sale by Description Agency

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

Legal Issues

  1. 1 Whether there was a contract of sale between Man and Iveco
  2. 2 Whether Man was in breach of contract by failing to deliver trucks as described
  3. 3 Whether City acted as agent for Iveco

Ratio Decidendi

The invoices from Man to Iveco constituted an offer for sale of trucks as described, which Iveco accepted by payment. The trucks did not correspond with the contractual description at the time of sale, entitling Iveco to reject them. There was no evidence of an agency relationship between City and Iveco. Summary judgment was appropriate as there were no triable issues of fact.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be subject to detailed assessment on the standard basis if not agreed