Pat O'Donnell & Company Ltd. v. Truck & Machinery Sales Ltd. [1996] IEHC 3; [1997] 1 ILRM 466 (7th June, 1996)

Pat O'Donnell & Company Ltd. v. Truck & Machinery Sales Ltd. [1996] IEHC 3; [1997] 1 ILRM 466 (7th June, 1996)

The court found that negligent misrepresentation occurred, primarily due to inadequate warnings about the impact of larger tyres on performance, and that contributory negligence applied given the Counterclaimant's insistence on non-standard specifications. Damages were awarded based on a discounted unit price, further reduced for contributory negligence.

Citation
[1996] IEHC 3
Parties
Defendant to Counterclaim: Pat O'Donnell & Co. Limited; Counterclaimant: Truck & Machinery Sales Limited
Jurisdiction
Ireland
Procedural Posture
Commercial Contract Dispute With Counterclaim / Post Trial Judgment
Outcome
Judgment for Counterclaimant in part; damages awarded subject to discount for contributory negligence; further issues of set-off, interest, and costs reserved for later determination.
Legal Topics
Misrepresentation, Merchantable Quality, Fitness for Purpose, Contributory Negligence, Damages
Contract Law Tort Law Sale of Goods Misrepresentation Merchantable Quality Fitness for Purpose Contributory Negligence Damages

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 4 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Pat O'Donnell & Co. Limited

Defendant to Counterclaim

Truck & Machinery Sales Limited

Counterclaimant

Procedural Posture

Commercial Contract Dispute With Counterclaim / Post Trial Judgment

Legal Issues

  1. 1 Whether the L150 Volvo shovels supplied were of merchantable quality and fit for purpose
  2. 2 Whether negligent or statutory misrepresentation occurred
  3. 3 Whether contributory negligence applies to the Counterclaimant's losses

Ratio Decidendi

The court found that negligent misrepresentation occurred, primarily due to inadequate warnings about the impact of larger tyres on performance, and that contributory negligence applied given the Counterclaimant's insistence on non-standard specifications. Damages were awarded based on a discounted unit price, further reduced for contributory negligence.

Court Disposition

Judgment for Counterclaimant in part; damages awarded subject to discount for contributory negligence; further issues of set-off, interest, and costs reserved for later determination.

Orders

  • Counterclaimant awarded £151,200 in damages.
  • Further hearing to address set-off, interest, and costs.