Collateral Contract in UK Law

  • Esso Petroleum Company Ltd v Mardon
    • Court of Appeal (Civil Division)
    • 06 February 1976
    ... ... claim is put in two ways: First, that the representation was a collateral warranty. Second, that it was a negligent misrepresentation. I will take ... held a representation – which induces a person to enter into a contract – to be a warranty sounding in damages. I summarised them in Dick ... ...
  • Evans (J.) & Son (Portsmouth) Ltd v Andrea Merzario Ltd (Ruhr)
    • Court of Appeal (Civil Division)
    • 13 November 1975
    ... ... ; and that the Courts should be slow to hold that there was a collateral contract. I must say that much of what was said in that case is entirely ... ...
  • Geys v Societe Generale, London Branch
    • Supreme Court
    • 19 December 2012
    ... ... amounting to more than €12.5m and to damages for breach of contract. The Bank's case is that the appellant is entitled to a termination ... To describe them as examples of the enforcement only of collateral obligations would, I believe, be to fail to engage sufficiently with their ... ...
  • Banque Financiere de la Cite S.A. (formerly Banque Keyser Ullmann S.A.) v Westgate Insurance Company Ltd (formerly Hodge General & Mercantile Company Ltd); Banque Keyser Ullmann S.A. v Skandia (U.K.) Insurance Company Ltd
    • Court of Appeal (Civil Division)
    • 28 July 1988
    ... ... thereof all of which is declared to be the basis of this contract and has paid the premium stated herein" ... 52 ... contract or to say that the rules become applicable by way of collateral contract; the following market of insurers accordingly could not be liable ... ...
  • Heyman v Darwins Ltd
    • House of Lords
    • 20 February 1942
    ... ... 2 By a written contract dated 19th February, 1938, the Respondents, who are manufacturers of steel ... , and it may be true to say that such a contract is really collateral to the agreement supposed to be have been made, but I do not see why it ... ...
  • HIH Casualty and General Insurance Ltd v New Hampshire Insurance Company
    • Court of Appeal (Civil Division)
    • 21 May 2001
    ... ... In essence it provides collateral for film finance. The peril insured is the risk that revenues from the ... Thus, where an insurance contract is to be found in a "slip policy" which looks forward to "policy wording" ... ...
  • Blackpool and Fylde Aero Club Ltd v Blackpool Borough Council
    • Court of Appeal (Civil Division)
    • 25 May 1990
    ... ... ") sued the defendants ("the Council") for damages for breach of contract and common law negligence. It was in issue between the parties whether ... when asked to imply a term in an existing contract or to find a collateral contract. A term would not be implied simply because it was reasonable to ... ...
  • Joscelyne v Nissen
    • Court of Appeal (Civil Division)
    • 19 December 1969
    ... ... 5 It is however argued for the daughter that the contract signed did not on its true construction provide for payment of these ... contract: we were in no way concerned with arguments as to collateral terms of a contract ... 27 The actual order of the ... ...
  • British and Beningtons Ltd v North Western Cachar Tea Company
    • House of Lords
    • 03 November 1922
    ... ... 6 This contract, which, so far as is material is similar in terms to the other, provided, ... , on the ground that the seller had committed a breach of a collateral contract not to supply rosewood to any other person in the trade during ... ...
  • Bremer Vulkan Schiffbau und Maschinenfabrik v South India Shipping Corporation Ltd
    • House of Lords
    • 22 January 1981
    ... ... case concerns an arbitration clause contained in a shipbuilding contract dated 6 August 1964 for the construction of five bulk carriers. The ... 22 The arbitration clause constitutes a self-contained contract collateral or ancillary to the shipbuilding agreement itself. Heyman v. Darwins Ltd ... ...
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