BVM Management Ltd v Yeomans (t/a the Great Hall At Mains) & Anor

BVM Management Ltd v Yeomans (t/a the Great Hall At Mains) & Anor

The judge was entitled, on the evidence, to find that the three month termination provision was incorporated into the oral contract concluded on 4 July 2007. There is no legal inconsistency in a two year contract with a three month termination clause. The appeal is dismissed.

Parties
Appellant: BVM Management Limited; 1st Respondent: Roger Yeomans t/a The Great Hall at Mains; 2nd Respondent: Adele Yeomans
Jurisdiction
England and Wales
Judgment Date
03 November 2011
Procedural Posture
Civil Appeal / Appeal From County Court (liability Only)
Outcome
Appeal dismissed
Legal Topics
Oral Contracts, Contractual Terms, Termination Clauses, Damages for Breach of Contract
Contract Law Oral Contracts Contractual Terms Termination Clauses Damages for Breach of Contract

Case Brief

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Parties

BVM Management Limited

Appellant

Roger Yeomans t/a The Great Hall at Mains

1st Respondent

Adele Yeomans

2nd Respondent

Procedural Posture

Civil Appeal / Appeal From County Court (liability Only)

Legal Issues

  1. 1 Whether a three month termination notice provision was incorporated into the oral contract concluded on 4 July 2007
  2. 2 Whether the contract was for a fixed term of two years without early termination
  3. 3 Quantum of damages following termination

Ratio Decidendi

The judge was entitled, on the evidence, to find that the three month termination provision was incorporated into the oral contract concluded on 4 July 2007. There is no legal inconsistency in a two year contract with a three month termination clause. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; damages to be assessed limited to the three month notice period