Schweppe v Harper

Schweppe v Harper

The oral agreement between Schweppe and Harper was too uncertain to constitute a binding contract, as the essential terms regarding the finance to be arranged were not agreed or objectively ascertainable. The arrangement was contingent on finance acceptable to Harper, rendering the agreement void for uncertainty. No enforceable contract, bilateral or unilateral, arose, and Schweppe was not entitled to the claimed fee or damages.

Parties
Appellant: Schweppe; Respondent: Harper
Jurisdiction
England and Wales
Judgment Date
22 May 2008
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Certainty of Contract, Unilateral Contracts, Bilateral Contracts, Implied Terms, Loss of Chance Damages
Contract Law Certainty of Contract Unilateral Contracts Bilateral Contracts Implied Terms Loss of Chance Damages

Case Brief

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Parties

Schweppe

Appellant

Harper

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether an oral agreement between Schweppe and Harper was sufficiently certain to constitute a binding contract
  2. 2 Whether Schweppe was entitled to a fee upon part performance or loss of chance
  3. 3 Whether implied terms of cooperation or reasonableness could be read into the agreement

Ratio Decidendi

The oral agreement between Schweppe and Harper was too uncertain to constitute a binding contract, as the essential terms regarding the finance to be arranged were not agreed or objectively ascertainable. The arrangement was contingent on finance acceptable to Harper, rendering the agreement void for uncertainty. No enforceable contract, bilateral or unilateral, arose, and Schweppe was not entitled to the claimed fee or damages.

Court Disposition

Appeal dismissed

Orders

  • No damages awarded to Schweppe
  • Costs to follow the event; costs awarded to Harper