| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 266 (Dec) |
| Neutral Citation: | [2010] EWCA Civ 1477 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Arden, Pitchford and Tomlinson LJJ |
| Representation | Dominic Chambers QC and John Virgo (instructed by Morgan Cole LLP) for the defendants. |
| Andrew Keyser QC and Anthony Vines (instructed by Anthony Jeremy & May) for the claimant. | |
| Judgment Dates: | 21 December 2010 |
Catchwords
Hire-purchase - Agreement - Sale of goods - Motor vehicle - W trading in cars - W undertaking fraudulent activity - Claimant seeking to establish whether it or defendants bearing loss - Burden on claimant to demonstrate parties manifesting intention to create legal relationship - Judge finding defendants contracting to sell vehicles to claimant - Whether claimant discharging burden of proof.
The Case
Hire-purchase Agreement. The Court of Appeal, Civil Division, found that the judge had erred in finding that in each of the 12 claims before him the sending of the relevant invoice followed by the sending of a cheque in response thereto constituted a contract for the sale of the vehicle to which the invoice related. The claimant fell far short of discharging the burden which demonstrated that the parties had manifested an intention to create a legal relationship.
Practice Areas
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