Classic Herd v. Milk Mktg. Bd. [2014] 2 JLR 487 (11 November 2014)
- Citation
- [2014] 2 JLR 487
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Tort Claim for Breach of Statutory Duty / Judgment
More details
- Posture
- Tort Claim for Breach of Statutory Duty / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The producer's claim against the Board for failure to purchase milk at the agreed price is a tort claim for breach of statutory duty, not a contract claim, and is subject to a 3-year limitation period.
Court disposition
claim classified as tort for breach of statutory duty, subject to 3-year limitation period
02
Material facts
Parties
Classic Herd
ApplicantMilk Marketing Board
Respondent03
Procedural history
Posture
Tort Claim for Breach of Statutory Duty / Judgment
04
Questions and positions
Legal issues
- 01
Whether the Board's failure to purchase milk at the agreed price constitutes a tort claim for breach of statutory duty rather than a contract claim
- 02
Applicability of the 3-year limitation period under Competition (Jersey) Law 2005
Party arguments
- Applicant
- The Board delayed permitting the producer to sell surplus milk to other retailers and failed to purchase milk at the agreed price, constituting a breach of statutory duty.
- Respondent
- The Board's actions do not amount to a breach of statutory duty and the claim is not valid under the Competition (Jersey) Law 2005.
05
Court’s reasoning
Legal principles
- 01
Competition (Jersey) Law 2005, arts. 8(1) and 16(1)
Claims for breach of statutory duty under Competition (Jersey) Law 2005 are tort claims, not contract claims.
06
Ratio, limits and disposition
Ratio decidendi
The producer's claim against the Board for failure to purchase milk at the agreed price is a tort claim for breach of statutory duty, not a contract claim, and is subject to a 3-year limitation period.
Court disposition
claim classified as tort for breach of statutory duty, subject to 3-year limitation period
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Classic Herd v. Milk Mktg. Bd. [2014] 2 JLR 487 (11 November 2014) URL: https://www.bailii.org/je/cases/JLR/2014/JLR142487.html Cite as: [2014] 2 JLR 487 [ New search ] [ Help ] Classic Herd v. Milk Mktg. Bd. 2014 (2) JLR 487 (11 November 2014) Agriculture-marketing schemes-milk-claims for breach of Competition (Jersey) Law 2005, arts. 8(1) and 16(1) generally tort claims for breach of statutory duty (e.g. Jersey Milk Marketing Board's alleged delay in permitting producer to sell surplus milk to other retailers)-producer's claim against Board concerning failure to purchase milk at agreed price is also tort claim for breach of statutory duty, not contract claim-3-year limitation period The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2014 (2) JLR 487 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2014/JLR142487.html
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