Murphy -v- O'Toole & Sons Ltd & Anor [2014] IEHC 486 (17 October 2014)

Murphy -v- O'Toole & Sons Ltd & Anor [2014] IEHC 486 (17 October 2014)

The contract was formed on 8 April 2002 and was not conditional on finance. In a contract for sale of goods to be delivered in the future, the cause of action for breach accrues at delivery. The plaintiff's claim in contract is not statute barred as proceedings were issued within six years of delivery. The claim in negligent misstatement, if any, accrued at contract formation and would be statute barred, but the central claim is in contract.

Citation
[2014] IEHC 486
Parties
Plaintiff: Paul Murphy; First Defendant: Joe O'Toole & Sons Limited; Second Defendant: Bank of Scotland (Ireland) Limited
Jurisdiction
Ireland
Judgment Date
17 October 2014
Procedural Posture
Civil / Preliminary Issue on Statute of Limitations
Outcome
Plaintiff's claim in contract is not statute barred.
Legal Topics
Sale of Goods, Statute of Limitations, Breach of Contract, Negligent Misstatement, Conditional Contracts
Contract Law Tort Law Commercial Law Sale of Goods Statute of Limitations Breach of Contract Negligent Misstatement Conditional Contracts

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Parties

Paul Murphy

Plaintiff

Joe O'Toole & Sons Limited

First Defendant

Bank of Scotland (Ireland) Limited

Second Defendant

Procedural Posture

Civil / Preliminary Issue on Statute of Limitations

Legal Issues

  1. 1 Whether the plaintiff's claim is statute barred under the Statute of Limitations Act 1957
  2. 2 When the contract for sale was formed and whether it was conditional on finance
  3. 3 When the cause of action accrued for breach of contract and for negligent misstatement

Ratio Decidendi

The contract was formed on 8 April 2002 and was not conditional on finance. In a contract for sale of goods to be delivered in the future, the cause of action for breach accrues at delivery. The plaintiff's claim in contract is not statute barred as proceedings were issued within six years of delivery. The claim in negligent misstatement, if any, accrued at contract formation and would be statute barred, but the central claim is in contract.

Court Disposition

Plaintiff's claim in contract is not statute barred.

Orders

  • The preliminary objection that the claim is statute barred is rejected.