BCL Law Notes Commercial Remedies BCL Notes
These are detailed case summaries (excerpts from cases - not paraphrased) I made during the Oxford BCL for the Commercial Remedies course....
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C & P Haulage v. Middleton
Facts
The defendant is an automobile engineer and repairer. He had been up to the end of 1978 working from a garage, part of his own home. The local authority, however, objected to this use being made of domestic property, and they gave him the appropriate notice to desist. He thereupon urgently looked round for other accommodation.
The plaintiffs in this case, a firm which carried on the business of plant hire, are well known to the defendant, he having done work for them and they having hired machinery to him. Knowing one of the partners, he discussed the terms upon which he might use a yard they had, which had a covered workshop, and which was only used for storage. Eventually they entered, on or about December 15, 1978, into an agreement. This is essentially contained in a document which emanated from the plaintiffs, the material terms of which read:
“Before offering you the use of our yard at Winton Approach we would like you to agree to the following: …Any fixtures you put in are left.
The defendant moved in and began to use the premises for commercial purposes but not until towards the end of 1978. He had to carry out quite a considerable amount of work to make the premises suitable for his purpose. A wall had to be built enclosing the premises, locks had to be fitted, and electricity had to be laid on.
On June 16, 1979, he was still in occupation. The judge concluded — and again this is not challenged — that the licence was for six months with renewal every six months. It could thus be terminated every six months, and he took the view — and this has not been challenged — that a reasonable notice prior to its termination of one month at lest would have been necessary.
Unfortunately there was some misunderstanding or trouble on October 5, 1979, by which time the premises were completed and were being used for the garage work, when the senior partner of the firm had some difficulty in getting oil from a drum which had been moved without his permission. He became very angry, and told the defendant to get out. The locks were changed. The defendant did not take the sensible course of consulting solicitors, who undoubtedly would have advised him to apply for an injunction and appropriate further relief. He accepted the position. He managed to climb in and, with help, moved his essential equipment out of the premises. He went back to his own garage. He told the council about his predicament, and they were very sympathetic. He was allowed to stay where he was — which meant of course he did not pay any rent because it was his property — and he was allowed to remain using the premises, despite the council’s previous objection, for a period of a year.
A defence and counterclaim had been put in which contained the defendant’s claim for the reimbursement of his expenditure on the premises, and it is in relation to that counterclaim that this appeal arises from the decision of Judge Eric Stockdale given on September 13, 1982, at the Watford County Court. In those proceedings, of course, the defendant was in effect the plaintiff suing the plaintiffs for damages for breach of contract, the contract being the licence agreement to which I have referred. His claim amounted to 1,767.51, which covered labour and...
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These are detailed case summaries (excerpts from cases - not paraphrased) I made during the Oxford BCL for the Commercial Remedies course....
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