Pitts & Ors v Jones

Pitts & Ors v Jones

The respondent's oral undertaking was supported by consideration but constituted a guarantee within the meaning of section 4 of the Statute of Frauds 1677 and was therefore unenforceable for lack of written evidence.

Parties
Appellant: Anthony Pitts and Ors; Respondent: Andrew Jones
Jurisdiction
England and Wales
Judgment Date
06 December 2007
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Consideration, Guarantee Vs Indemnity, Statute of Frauds, Shareholder Rights, Pre Emption Rights
Contract Law Company Law Consideration Guarantee Vs Indemnity Statute of Frauds Shareholder Rights Pre Emption Rights

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Parties

Anthony Pitts and Ors

Appellant

Andrew Jones

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent's oral undertaking was supported by consideration and thus a binding contract
  2. 2 Whether the respondent's oral undertaking was a guarantee or an indemnity and thus enforceable without writing under the Statute of Frauds

Ratio Decidendi

The respondent's oral undertaking was supported by consideration but constituted a guarantee within the meaning of section 4 of the Statute of Frauds 1677 and was therefore unenforceable for lack of written evidence.

Court Disposition

appeal dismissed