Bentsen v Taylor Sons & Company (No 2)
| Jurisdiction | England & Wales |
| Date | 1893 |
| Court | Court of Appeal |
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97 cases
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Compagnie Commerciale Sucres et Denrees v C Czarnikow Ltd
...the sellers was a condition of the contract. Kerr L.J. quoted from the classic judgment of Bowen L.J. in Bentsen v. Taylor, Sons & Co. [1893] 2 Q.B. 274 [1893] 2 Q.B. 274, 281: "There is no way of deciding that question except by looking at the contract in the light of the surrounding circu......
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Alval Ltd v Attorney General of Jamaica
...elect to keep the contract alive. If the right to rescind is not exercised it is waived but the right to damages is still available; Bentsen v Taylor & Sons (1893) 2 QB 274. See also Roberts v Bury Commissioners (1870) L.R. 5 C.P. 310 at p 320 and 325-326 . 48 In this case the contractor ......
- Tan Tien Seng v Grobina Resorts Sdn Bhd (No.2)
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Stocznia Gdanska SA v Latvian Shipping Company (No 2)
...conduct gives the innocent party a right of election, to accept or to affirm the contract, and that there is no middle path: see Bentsen v. Taylor [1893] 2 QB 274 at 279, Fercometal SARL v. Mediterranean Shipping Co SA [1989] 1 AC 788 at 799/801, The Kanchenjunga [1990] 1 Lloyd's Rep 391 ......
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5 books & journal articles
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Contract Law
...importance of the particular term of the contract concerned (see, eg, per Bowen LJ (as he then was) in Bentsen v Taylor, Sons & Co (No 2)[1893] 2 QB 274 at 281), whilst the other is termed the ‘Hong Kong Fir approach’ (which looks, instead, to the nature and consequences of the breach conce......
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Anticipatory Repudiation
...Johnstone v Milling, above note 33; Pamarta Holdings Ltd v Routledge (1974), 52 DLR (3d) 19 (Ont HCJ). 69 Bentsen v Taylor, Sons & Co , [1893] 2 QB 274; Hain SS Co Ltd v Tate & Lyle Ltd (1936), 41 Com Cas 350. 70 Kloepfer Wholesale , above note 7; Hasham v Zenab , [1960] AC 316 (PC). 71 See......
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DEMYSTIFYING THE RIGHT OF ELECTION IN CONTRACT LAW
...473 at 479 (per Lord Atkin): “full knowledge of the various rights amongst which he elects” is required. 15 Bentsen v Taylor, Sons & Co [1893] 2 QB 274, the Court of Appeal had to determine the question whether the statement “now sailed or about to sail” in the charterparty was a condition ......
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THE DEVELOPMENT OF SINGAPORE LAW: A BICENTENNIAL RETROSPECTIVE1
...the “condition-warranty approach” (as elaborated upon the oft-cited English Court of Appeal decision of Bentsen v Taylor, Sons & Co [1893] 2 QB 274 at 281, per Bowen LJ (as he then was)) and the “Hongkong Fir approach” (which draws its terminology from the leading English Court of Appeal de......
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