Traditional Structures Ltd v HW Construction Ltd [2010] EWHC 1530 (TCC) (26 May 2010)

Traditional Structures Ltd v HW Construction Ltd [2010] EWHC 1530 (TCC) (26 May 2010)

The contract is to be rectified for unilateral mistake because the defendant had actual knowledge of the omission of the cladding price, failed to raise it, and acted unconscionably; alternatively, a reasonable price for cladding is implied under Section 15 of the Supply of Goods and Services Act 1982.

Citation
[2010] EWHC 1530 (TCC)
Parties
Claimant: Traditional Structures Limited; Defendant: H W Construction Limited
Jurisdiction
England and Wales
Judgment Date
26 May 2010
Procedural Posture
Commercial Construction Contract Dispute / First Instance Judgment
Outcome
Judgment for the claimant
Legal Topics
Rectification for Unilateral Mistake, Implied Terms, Reasonable Price Under Supply of Goods and Services Act 1982, Standard of Proof in Rectification, Knowledge and Unconscionability in Equity
Contract Law Equity Rectification for Unilateral Mistake Implied Terms Reasonable Price Under Supply of Goods and Services Act 1982 Standard of Proof in Rectification Knowledge and Unconscionability in Equity

Case Brief

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Parties

Traditional Structures Limited

Claimant

H W Construction Limited

Defendant

Procedural Posture

Commercial Construction Contract Dispute / First Instance Judgment

Legal Issues

  1. 1 Whether the contract should be rectified for unilateral mistake to include the omitted cladding price
  2. 2 Whether the claimant is entitled to a reasonable price for cladding under an implied term

Ratio Decidendi

The contract is to be rectified for unilateral mistake because the defendant had actual knowledge of the omission of the cladding price, failed to raise it, and acted unconscionably; alternatively, a reasonable price for cladding is implied under Section 15 of the Supply of Goods and Services Act 1982.

Court Disposition

Judgment for the claimant

Orders

  • Rectification of the contract to include the cladding price
  • Defendant to pay a reasonable price for cladding as agreed by the parties