Atherton Services Ltd. v. Killeen [1997] IEHC 18 (28th January, 1997)

Atherton Services Ltd. v. Killeen [1997] IEHC 18 (28th January, 1997)

Plaintiff failed to establish by admissible evidence that Defendants were liable for any shortfall, as Plaintiff breached its obligation to effect sales in the manner agreed. Defendants performed their part of the bargain; no further obligations arose.

Citation
[1997] IEHC 18
Parties
Plaintiff: Plaintiff; Defendant: Defendants
Jurisdiction
Ireland
Procedural Posture
Civil / Final Judgment
Outcome
dismissed
Legal Topics
Settlement Agreement, Performance of Contract, Breach of Contract
Contract Settlement Agreement Performance of Contract Breach of Contract

Case Brief

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Parties

Plaintiff

Plaintiff

Defendants

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether a binding settlement agreement was concluded and its terms
  2. 2 Whether Defendants were liable for any shortfall in sale proceeds of surrendered equipment

Ratio Decidendi

Plaintiff failed to establish by admissible evidence that Defendants were liable for any shortfall, as Plaintiff breached its obligation to effect sales in the manner agreed. Defendants performed their part of the bargain; no further obligations arose.

Court Disposition

dismissed

Orders

  • claims dismissed