Sawyer v Atari Interactive Inc

The counterclaim for restitution was properly struck out as there was no pleaded or evidential basis for a mistake; however, the defence of set-off and related amendments regarding industry practice should proceed to trial as issues of contractual construction and quantum remain live. Amendments regarding the Thrills Game and inducement to breach of contract should be allowed to proceed, subject to further developments in the law.

Parties: Respondent: Chris Sawyer; Appellant: Atari Interactive, Inc
Jurisdiction: England and Wales
Judgment Date: 02 March 2007
Procedural Posture: Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal
Outcome: Appeal allowed in part, appeal dismissed in part
Legal Topics: Breach of Contract, Restitution, Set Off, Copyright, Licensing, Inducement to Breach of Contract

Contract Law Intellectual Property Breach of Contract Restitution Set Off Copyright Licensing Inducement to Breach of Contract

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 7 Party arguments 2 Amounts and remedies 6

Parties

Chris Sawyer

Respondent

Atari Interactive, Inc

Appellant

Procedural Posture

Civil Appeal / Appeal From High Court (chancery Division) to Court of Appeal

Legal Issues

1 Whether the counterclaim for restitution based on alleged overpayment by mistake should be struck out
2 Whether the defence of set-off should be struck out and summary judgment entered
3 Whether permission should be granted to amend the defence and counterclaim regarding industry practice and the Thrills Game

Ratio Decidendi

Court Disposition

Appeal allowed in part, appeal dismissed in part

Orders

Permission to appeal against striking out of restitution counterclaim refused
Permission to appeal and allow amendments to defence and counterclaim regarding set-off and industry practice granted