Begley -v- Damesfield Ltd & ors [2018] IEHC 221 (23 March 2018)

Begley -v- Damesfield Ltd & ors [2018] IEHC 221 (23 March 2018)

The plaintiff is entitled to damages against the first and second defendants for breach of a collateral contract that the berths would be made navigable, as assurances were given and relied upon by the plaintiff in closing the sale. The normal rule of caveat emptor is displaced in these circumstances. Claims based on implied term, easement, nuisance, non-derogation from grant, and quiet enjoyment fail as the plaintiff accepted the berths with knowledge of the defect and no actionable interference occurred after the grant. The management company is not liable as it does not hold the beneficial interest in the common areas or reversion.

Citation
[2018] IEHC 221
Parties
Plaintiff: Michael Begley; First Defendant: Damesfield Limited; Second Defendant: John Lally; Third Defendant: The Jolly M Management Company Limited
Jurisdiction
Ireland
Judgment Date
23 March 2018
Procedural Posture
High Court Civil Action / Judgment After Full Trial
Outcome
Plaintiff succeeds in part; damages awarded against first and second defendants; claim against third defendant dismissed.
Legal Topics
Implied Terms, Collateral Contract, Caveat Emptor, Easements, Nuisance, Non Derogation From Grant, Quiet Enjoyment, Damages
Contract Law Property Law Landlord and Tenant Law Tort Law Implied Terms Collateral Contract Caveat Emptor Easements +4 more

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 7 Authorities cited 18 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Michael Begley

Plaintiff

Damesfield Limited

First Defendant

John Lally

Second Defendant

The Jolly M Management Company Limited

Third Defendant

Procedural Posture

High Court Civil Action / Judgment After Full Trial

Legal Issues

  1. 1 Whether there was an implied term or collateral contract that the marina berths would be accessible and navigable for cruiser-type vessels
  2. 2 Whether the doctrine of caveat emptor applies to the sale of the berths
  3. 3 Whether an easement of access and egress is implied

Ratio Decidendi

The plaintiff is entitled to damages against the first and second defendants for breach of a collateral contract that the berths would be made navigable, as assurances were given and relied upon by the plaintiff in closing the sale. The normal rule of caveat emptor is displaced in these circumstances. Claims based on implied term, easement, nuisance, non-derogation from grant, and quiet enjoyment fail as the plaintiff accepted the berths with knowledge of the defect and no actionable interference occurred after the grant. The management company is not liable as it does not hold the beneficial interest in the common areas or reversion.

Court Disposition

Plaintiff succeeds in part; damages awarded against first and second defendants; claim against third defendant dismissed.

Orders

  • Damages of €59,289.26 awarded to plaintiff against first and second defendants jointly and severally.
  • No order against third defendant.