Stapleton v Doran [2019] IESC 19 (28 March 2019)

Stapleton v Doran [2019] IESC 19 (28 March 2019)

The trial judge erred in law by failing to consider post-contractual conduct as relevant evidence in determining the terms of a disputed oral contract. Where the terms of an oral contract are in dispute, subsequent conduct may be admissible to resolve what was actually agreed. The High Court's order is set aside and the matter remitted for rehearing.

Citation
[2019] IESC 19
Parties
Plaintiff/respondent: Damien Stapleton; Defendant/appellant: Philip Doran
Jurisdiction
Ireland
Judgment Date
28 March 2019
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal allowed
Legal Topics
Oral Contracts, Interpretation of Contracts, Variation of Contract Terms, Admissibility of Post Contractual Conduct

Case Brief

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Parties

Damien Stapleton

Plaintiff/respondent

Philip Doran

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Decision

  1. 1 Whether the €300,000 transferred by the plaintiff to the defendant in July 2008 was a personal loan to the defendant or an investment in Easiwrap Limited
  2. 2 Whether post-contractual conduct is admissible to determine the terms of a disputed oral contract

Ratio Decidendi

The trial judge erred in law by failing to consider post-contractual conduct as relevant evidence in determining the terms of a disputed oral contract. Where the terms of an oral contract are in dispute, subsequent conduct may be admissible to resolve what was actually agreed. The High Court's order is set aside and the matter remitted for rehearing.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court of 1 February 2012 set aside
  • Matter remitted for rehearing