Rothwell -v- Arrowdale Ltd trading as Sheehy Motors [2007] IEHC 395 (29 November 2007)

The plaintiff is entitled to damages representing the additional fuel costs incurred due to the car's failure to meet the promised fuel consumption, plus general damages for inconvenience, as rescission is no longer available and there was no complete failure of consideration.

Citation: [2007] IEHC 395
Parties: Plaintiff/respondent: Lester Rothwell; Defendant/appellant: Arrowdale Limited trading as Sheehy Motors
Jurisdiction: Ireland
Judgment Date: 29 November 2007
Procedural Posture: Civil Appeal / Judgment on Appeal From Circuit Court
Outcome: Appeal dismissed with variation to the amount of the decree.
Legal Topics: Misrepresentation, Breach of Contract, Damages, Sale of Goods

Contract Law Consumer Law Misrepresentation Breach of Contract Damages Sale of Goods

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 2 Party arguments 2 Amounts and remedies 8

Parties

Lester Rothwell

Plaintiff/respondent

Arrowdale Limited trading as Sheehy Motors

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment on Appeal From Circuit Court

Legal Issues

1 Whether the defendant misrepresented the fuel consumption of the vehicle
2 Whether there was a breach of contract regarding the vehicle's specification
3 Assessment of appropriate damages

Ratio Decidendi

Court Disposition

Appeal dismissed with variation to the amount of the decree.

Orders

Affirmation of the Circuit Court order save for variation in the amount of the decree to €6,625.