Summers v Havard

Summers v Havard

The judge was entitled to find, on the evidence, that Mr Havard knew or was on notice that the cars did not belong to Halfway and deliberately refrained from making inquiries, thus not acting in good faith as required by section 2 of the Factors Act 1889. The appeal on this ground must be dismissed.

Parties
Respondent: Summers; Appellant: Havard
Jurisdiction
England and Wales
Judgment Date
10 May 2011
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Conversion, Agency Law, Good Faith, Factors Act 1889
Commercial Law Conversion Agency Law Good Faith Factors Act 1889

Case Brief

Summary, issues, holding and outcome

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Parties

Summers

Respondent

Havard

Appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the judge was wrong in law to treat as determinative the fact that the sales were not in the ordinary course of Halfway’s business under section 2 of the Factors Act 1889
  2. 2 Whether the judge was wrong to conclude that Mr Havard had not acted in good faith

Ratio Decidendi

The judge was entitled to find, on the evidence, that Mr Havard knew or was on notice that the cars did not belong to Halfway and deliberately refrained from making inquiries, thus not acting in good faith as required by section 2 of the Factors Act 1889. The appeal on this ground must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Judgment against Mr Havard for £120,740 plus interest stands
  • Damages in conversion in favour of Mr Summers