Wimpole Theatre (a firm) v JJ Goodman Lte

Wimpole Theatre (a firm) v JJ Goodman Lte

On proper construction of clause 2 of the Wimpole Agreement, Wimpole Theatre was entitled to payment for procuring the execution of the 'Woody Sez' agreement; the Handover Provision was not a term of the contract by construction, implication, collateral oral agreement, or rectification; there were no grounds for voidness; Wimpole Theatre's claim succeeds subject to any set-off for breach of clause 3, which was not determined.

Parties
Claimant: Wimpole Theatre (a firm); Defendant: J. J. Goodman Limited
Jurisdiction
England and Wales
Judgment Date
15 June 2012
Procedural Posture
Civil / Judgment
Outcome
Claim succeeds; entitlement to £27,800 plus interest, subject to set-off for breach of clause 3 if proven.
Legal Topics
Construction of Contract, Implied Terms, Collateral Contract, Rectification, Void Contract
Contract Construction of Contract Implied Terms Collateral Contract Rectification Void Contract

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Parties

Wimpole Theatre (a firm)

Claimant

J. J. Goodman Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Proper construction of clause 2 of the Wimpole Agreement
  2. 2 Whether the Handover Provision was a term of the Wimpole Agreement
  3. 3 Whether an implied term or collateral oral contract existed

Ratio Decidendi

On proper construction of clause 2 of the Wimpole Agreement, Wimpole Theatre was entitled to payment for procuring the execution of the 'Woody Sez' agreement; the Handover Provision was not a term of the contract by construction, implication, collateral oral agreement, or rectification; there were no grounds for voidness; Wimpole Theatre's claim succeeds subject to any set-off for breach of clause 3, which was not determined.

Court Disposition

Claim succeeds; entitlement to £27,800 plus interest, subject to set-off for breach of clause 3 if proven.

Orders

  • Goodman to pay Wimpole Theatre £27,800 plus interest, subject to any set-off for breach of clause 3 to be determined in further proceedings.