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
Summary, issues, holding and outcome
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Parties
Damien Stapleton
Plaintiff/respondent
Philip Doran
Defendant/appellant
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Decision
Legal Issues
- 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 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
Full Case Text
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