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)

Counterclaimants entitled to damages for negligent misrepresentation, but contributory negligence applies due to their insistence on larger tyres despite known performance impacts. The L150 shovels were not proven unmerchantable or unfit for purpose. Damages are awarded at a discounted rate reflecting contributory negligence and inflated claims.

Citation
[1997] 1 ILRM 466
Parties
Defendant to Counterclaim: Pat O'Donnell & Co. Limited; Counterclaimant: Truck & Machinery Sales Limited; Third Party (discontinued): Volvo; Third Party (discontinued): Zettelmeyer
Jurisdiction
Ireland
Procedural Posture
Commercial Contract Dispute With Counterclaim / Judgment After Trial
Outcome
Counterclaim partly allowed; damages awarded to Counterclaimants
Legal Topics
Misrepresentation, Contributory Negligence, Merchantable Quality, Fitness for Purpose, Damages
Contract Law Tort Law Sale of Goods Misrepresentation Contributory Negligence Merchantable Quality Fitness for Purpose Damages

Case Brief

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Parties

Pat O'Donnell & Co. Limited

Defendant to Counterclaim

Truck & Machinery Sales Limited

Counterclaimant

Volvo

Third Party (discontinued)

Zettelmeyer

Third Party (discontinued)

Procedural Posture

Commercial Contract Dispute With Counterclaim / Judgment After Trial

Legal Issues

  1. 1 Whether the L150 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

Counterclaimants entitled to damages for negligent misrepresentation, but contributory negligence applies due to their insistence on larger tyres despite known performance impacts. The L150 shovels were not proven unmerchantable or unfit for purpose. Damages are awarded at a discounted rate reflecting contributory negligence and inflated claims.

Court Disposition

Counterclaim partly allowed; damages awarded to Counterclaimants

Orders

  • Judgment for Counterclaimants in the amount of £151,200
  • Further issues of set-off, interest, and costs to be held over for argument