Pereira v Doak [1978] JLR 55 (23 March 1978)

Pereira v Doak [1978] JLR 55 (23 March 1978)

A collateral contract, if proven, operates independently of the main contract and its breach entitles the aggrieved party to both recovery for incomplete performance under the main contract and damages for breach of the collateral contract.

Citation
[1978] JLR 55
Parties
Applicant: Pereira; Respondent: Doak
Jurisdiction
Jersey
Judgment Date
23 March 1978
Procedural Posture
Civil / Judgment
Outcome
judgment for applicant
Legal Topics
Collateral Contract, Breach of Contract, Damages
Contract Law Collateral Contract Breach of Contract Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Pereira

Applicant

Doak

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether an agreement collateral to the main contract, incorporating an independent promise not contained in the main contract, gives rise to a right to recovery for incomplete performance and damages for breach of the collateral contract.

Ratio Decidendi

A collateral contract, if proven, operates independently of the main contract and its breach entitles the aggrieved party to both recovery for incomplete performance under the main contract and damages for breach of the collateral contract.

Court Disposition

judgment for applicant