J N Hipwell & Son v Szurek

J N Hipwell & Son v Szurek

A term must be implied in the lease obliging the landlord to ensure the electrical installation serving the premises is safe and certified, as this is necessary for business efficacy and commercial coherence. The entire agreement provisions do not preclude such implication. The landlord breached this implied term, entitling the respondent to judgment for business losses.

Parties
Appellant: J N Hipwell & Son; Respondent: Mrs Clare Szurek
Jurisdiction
England and Wales
Judgment Date
28 March 2018
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Implied Terms, Entire Agreement Clause, Business Efficacy, Misrepresentation, Repairing Obligations, Collateral Contract
Contract Law Landlord and Tenant Implied Terms Entire Agreement Clause Business Efficacy Misrepresentation Repairing Obligations Collateral Contract

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Parties

J N Hipwell & Son

Appellant

Mrs Clare Szurek

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a term should be implied in the lease obliging the landlord to ensure electrical safety and certification
  2. 2 Whether the entire agreement provisions preclude implication of such a term
  3. 3 Whether the respondent was entitled to rescind the lease for misrepresentation

Ratio Decidendi

A term must be implied in the lease obliging the landlord to ensure the electrical installation serving the premises is safe and certified, as this is necessary for business efficacy and commercial coherence. The entire agreement provisions do not preclude such implication. The landlord breached this implied term, entitling the respondent to judgment for business losses.

Court Disposition

appeal dismissed

Orders

  • judgment for respondent in the sum of £22,725.50
  • interest and costs to be assessed