Concrete Foundations Ltd. v Family Housing Association

Concrete Foundations Ltd. v Family Housing Association

The appeal was dismissed because the evidence available did not establish that FHA had actual or ostensible authority for the full contract sum, nor that unjust enrichment applied. The case raised factual issues unsuitable for summary judgment, including agency, reliance, and to whom credit was given.

Parties
Claimant/appellant: Concrete Foundations Limited; Defendant/respondent: Family Housing Association
Jurisdiction
England and Wales
Judgment Date
14 January 2004
Procedural Posture
Civil Appeal / Appeal Against Refusal of Summary Judgment
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Ostensible Authority, Actual Authority, Unjust Enrichment, Agency Representation
Contract Law Agency Law Insurance Law Civil Procedure Summary Judgment Ostensible Authority Actual Authority Unjust Enrichment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Concrete Foundations Limited

Claimant/appellant

Family Housing Association

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal Against Refusal of Summary Judgment

Legal Issues

  1. 1 Whether summary judgment should be granted in favour of the claimant for the outstanding contract sum
  2. 2 Whether Cunningham Lindsay had actual or ostensible authority to bind FHA for the full contract sum
  3. 3 Whether FHA is liable for the full contract sum or only its apportioned share

Ratio Decidendi

The appeal was dismissed because the evidence available did not establish that FHA had actual or ostensible authority for the full contract sum, nor that unjust enrichment applied. The case raised factual issues unsuitable for summary judgment, including agency, reliance, and to whom credit was given.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; summary judgment refused; matter to proceed to trial