Morel v Convoy Pty Ltd (CC 08/2015) [2018] SCSC 8308 (28 October 2018)

Morel v Convoy Pty Ltd (CC 08/2015) [2018] SCSC 8308 (28 October 2018)

The defendant, by his conduct and documentation, created a contractual obligation to import the vehicle for the plaintiff, and is liable for the loss suffered by the plaintiff due to non-performance by the third party.

Citation
[2018] SCSC 8308
Parties
Plaintiff: Edgard Morel; Defendant: Convoy (Pty) Ltd
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 October 2018
Case Number
CC 08/2015
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Gratuitous Contract, Contractual Obligations, Liability for Third Party Non Performance
Source Language
English
Contract Law Gratuitous Contract Contractual Obligations Liability for Third Party Non Performance

Case Brief

Summary, issues, holding and outcome

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Parties

Edgard Morel

Plaintiff

Convoy (Pty) Ltd

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether a contractual obligation existed between the parties
  2. 2 Whether the absence of consideration negates contractual liability
  3. 3 Whether the defendant is liable for the failure of a third party to perform

Ratio Decidendi

The defendant, by his conduct and documentation, created a contractual obligation to import the vehicle for the plaintiff, and is liable for the loss suffered by the plaintiff due to non-performance by the third party.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay plaintiff SR 838,200 with interest at the commercial rate of 10% from the date of filing plaint