North & Anor v Brown & Anor

North & Anor v Brown & Anor

There was nothing in the wording or nature of the contract that precluded Mr Brown from arranging payment to Mrs Clothier through a third party; vicarious performance was permitted for a contract to pay money.

Parties
Appellant: North & Anr; Respondent: Brown & Anr
Jurisdiction
England and Wales
Judgment Date
07 February 2012
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
appeal allowed
Legal Topics
Vicarious Performance, Assignment of Contract, Repayment of Loan, Fiduciary Obligations
Contract Law Vicarious Performance Assignment of Contract Repayment of Loan Fiduciary Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

North & Anr

Appellant

Brown & Anr

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the contract required personal performance by Mr Brown or permitted vicarious performance
  2. 2 Whether payments made by a third party under the contract constituted valid performance
  3. 3 Distinction between vicarious performance and assignment of contract

Ratio Decidendi

There was nothing in the wording or nature of the contract that precluded Mr Brown from arranging payment to Mrs Clothier through a third party; vicarious performance was permitted for a contract to pay money.

Court Disposition

appeal allowed

Orders

  • Appeal allowed; Mr Brown entitled to repayment from Mrs Clothier's estate.