Flynn v Dermot Kelly Limited & Anor [2007] IEHC 103 (16 March 2007)

Flynn v Dermot Kelly Limited & Anor [2007] IEHC 103 (16 March 2007)

The first named defendant was liable for breach of an implied condition of merchantable quality in a collateral contract for supply of the tractor, as the fire was caused by an electrical defect. The second named defendant was not liable as the lease was not a consumer hire agreement and no implied conditions applied.

Citation
[2007] IEHC 103
Parties
Plaintiff: Patrick G. Flynn; First Named Defendant: Dermot Kelly Limited; Second Named Defendant: New Holland Finance (Ireland) Limited
Jurisdiction
Ireland
Judgment Date
16 March 2007
Procedural Posture
Civil / Final Judgment
Outcome
judgment for plaintiff against first named defendant
Legal Topics
Implied Terms, Merchantable Quality, Collateral Contract, Breach of Contract, Exclusion Clauses
Contract Law Commercial Law Sale of Goods Implied Terms Merchantable Quality Collateral Contract Breach of Contract Exclusion Clauses

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Parties

Patrick G. Flynn

Plaintiff

Dermot Kelly Limited

First Named Defendant

New Holland Finance (Ireland) Limited

Second Named Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the defendants are liable for damages arising from destruction of the plaintiff's tractor by fire
  2. 2 Whether implied conditions as to quality and fitness apply to the transaction
  3. 3 Whether a collateral contract existed between the plaintiff and the first named defendant

Ratio Decidendi

The first named defendant was liable for breach of an implied condition of merchantable quality in a collateral contract for supply of the tractor, as the fire was caused by an electrical defect. The second named defendant was not liable as the lease was not a consumer hire agreement and no implied conditions applied.

Court Disposition

judgment for plaintiff against first named defendant

Orders

  • First named defendant to pay plaintiff agreed damages of €42,387.34