Macrae v Jersey Golf Hotels Ltd. [1973] JJ 2313 (12 January 1973)

Macrae v Jersey Golf Hotels Ltd. [1973] JJ 2313 (12 January 1973)

A pleading by a hotel guest against a hotel implies an action in contract, and it is not necessary to expressly plead the action as 'contract' or 'tort' if the facts make the nature of the cause of action clear.

Citation
[1973] JJ 2313
Parties
Plaintiff: Macrae; Defendant: Jersey Golf Hotels Ltd.
Jurisdiction
Jersey
Judgment Date
12 January 1973
Procedural Posture
Civil / Judgment
Outcome
Clarification of pleading requirements; action may proceed based on facts pleaded.
Legal Topics
Pleading, Nature of Cause of Action, Implied Contract
Civil Procedure Contract Law Pleading Nature of Cause of Action Implied Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Macrae

Plaintiff

Jersey Golf Hotels Ltd.

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether an action must be expressly pleaded as contract or tort if the facts reveal the nature of the cause of action
  2. 2 Whether a pleading by a hotel guest against a hotel implies an action in contract

Ratio Decidendi

A pleading by a hotel guest against a hotel implies an action in contract, and it is not necessary to expressly plead the action as 'contract' or 'tort' if the facts make the nature of the cause of action clear.

Court Disposition

Clarification of pleading requirements; action may proceed based on facts pleaded.