Mc Mahon -v- Irish Road Haulage Association [2009] IEHC 145 (24 March 2009)

Mc Mahon -v- Irish Road Haulage Association [2009] IEHC 145 (24 March 2009)

The plaintiff's expulsion was a breach of the implied contractual term requiring fair procedures. The appropriate remedy is damages for breach of contract, not for breach of constitutional rights, as the common law remedy is adequate. Damages for distress are recoverable in this context because the consequences were reasonably foreseeable. The plaintiff is entitled to €7,500 for distress suffered during the two-year period until the apology and reinstatement.

Citation
[2009] IEHC 145
Parties
Plaintiff: Patrick McMahon; Defendant: Irish Road Haulage Association
Jurisdiction
Ireland
Judgment Date
24 March 2009
Procedural Posture
Plenary Summons / Assessment of Damages Following Admission of Liability
Outcome
Declaration granted; damages awarded
Legal Topics
Expulsion From Membership, Fair Procedures, Implied Terms in Contract, Damages for Breach of Contract, Constitutional Rights in Private Law
Contract Law Company Law Constitutional Law Expulsion From Membership Fair Procedures Implied Terms in Contract Damages for Breach of Contract Constitutional Rights in Private Law

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Parties

Patrick McMahon

Plaintiff

Irish Road Haulage Association

Defendant

Procedural Posture

Plenary Summons / Assessment of Damages Following Admission of Liability

Legal Issues

  1. 1 Whether the plaintiff's expulsion from the defendant association was unlawful for breach of fair procedures
  2. 2 Whether the plaintiff is entitled to damages for breach of contract and/or breach of constitutional rights
  3. 3 Measure of damages for wrongful expulsion from a company or association

Ratio Decidendi

The plaintiff's expulsion was a breach of the implied contractual term requiring fair procedures. The appropriate remedy is damages for breach of contract, not for breach of constitutional rights, as the common law remedy is adequate. Damages for distress are recoverable in this context because the consequences were reasonably foreseeable. The plaintiff is entitled to €7,500 for distress suffered during the two-year period until the apology and reinstatement.

Court Disposition

Declaration granted; damages awarded

Orders

  • Declaration that the plaintiff's purported removal was invalid and contrary to his entitlement to basic fairness of procedures
  • Award of €7,500 in general damages