William Neville and Sons Ltd. v. Guardian Builders Ltd. [1994] IESC 4; [1995] ILRM 1 (27th July, 1994)

William Neville and Sons Ltd. v. Guardian Builders Ltd. [1994] IESC 4; [1995] ILRM 1 (27th July, 1994)

Guardian Builders Limited was obliged under the licence agreement to provide access to the licence plot. No supervening event fundamentally changed Guardian's obligation; the difficulties encountered were not sufficient to constitute frustration. Therefore, the defence of frustration fails and Neville is entitled to specific performance.

Citation
[1994] IESC 4
Parties
Plaintiff/appellant: William Neville and Sons Limited; Defendant/respondent: Guardian Builders Limited
Jurisdiction
Ireland
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
appeal allowed
Legal Topics
Frustration of Contract, Specific Performance, Construction of Contract, Obligations Under Licence Agreement
Contract Law Frustration of Contract Specific Performance Construction of Contract Obligations Under Licence Agreement

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 3 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

William Neville and Sons Limited

Plaintiff/appellant

Guardian Builders Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether performance of the licence agreement was frustrated
  2. 2 Whether Guardian Builders Limited was obliged to provide access to the licence plot
  3. 3 Entitlement to specific performance

Ratio Decidendi

Guardian Builders Limited was obliged under the licence agreement to provide access to the licence plot. No supervening event fundamentally changed Guardian's obligation; the difficulties encountered were not sufficient to constitute frustration. Therefore, the defence of frustration fails and Neville is entitled to specific performance.

Court Disposition

appeal allowed

Orders

  • specific performance of the licence agreement directed
  • court to hear counsel on the question of damages, if any