Dunlop Pneumatic Tyre Company Ltd v Selfridge & Company Ltd

JurisdictionEngland & Wales
Judgment Date26 April 1915
Judgment citation (vLex)[1915] UKHL J0426-1
CourtHouse of Lords
Date26 April 1915

[1915] UKHL J0426-1

House of Lords

Dunlop Pneumatic Tyre Company, Limited
and
Selfridge and Company, Limited.
1

After hearing Counsel for the Appellants, as well on Tuesday the 23d, as Thursday the 25th, days of March last, upon the Petition and Appeal of the Dunlop Pneumatic Tyre Company, Limited, of 14 Regent Street, in the City of Westminster, praying, that the matter of the Order set forth in the Schedule thereto, namely, an Order of His Majesty's Court of Appeal, of the 22d of January 1914, might be reviewed before His Majesty the King in His Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to His Majesty the King in His Court of Parliament might seem meet; as also upon the printed Case of Selfridge and Company, Limited, lodged in answer to the said Appeal; and Counsel appearing for the Respondents, but not being called on; and due consideration being had this day of what was offered for the said Appellants:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal in the Court of Parliament of His Majesty the King assembled. That the said Order of His Majesty's Court of Appeal, of the 22d day of January 1914, complained of in the said Appeal, be, and the same is hereby, Affirmed, and that the said Petition and Appeal be, and the same is hereby, dismissed this House: And it is further Ordered, That the Appellants do pay, or cause to be paid,...

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219 cases
  • Beswick v Beswick
    • United Kingdom
    • Court of Appeal
    • 22 June 1966
    ...interest, as when he is seeking to enforce the maintenance of prices to the public disadvantage, as in Dualop v. Selfridge & Co., 1915 A.C. 847 at p. 853: or when he is seeking to rely, not on any right given to him by the contract, but on an exemption clause seeking to exempt himself from......
  • Macon Works & Trading Sdn Bhd v Phang Hon Chin and Another
    • Malaysia
    • High Court (Malaysia)
    • 1 January 1976
  • Midland Silicones Ltd v Scruttons Ltd
    • United Kingdom
    • House of Lords
    • 6 December 1961
    ...which is, I suppose, as well established as any in our law, a "fundamental" principle, as Lord Haldane called it in Dunlop Pneumatic Tyre Co., Ltd. v. Selfridge & Co. Ltd. [1915] A.C. 847, an "elementary" principle, as it has been called times without number, that only a person who is a pa......
  • Green v Russell. McCarthy (Third Party)
    • United Kingdom
    • Court of Appeal
    • 14 May 1959
    ...which, in my judgment, procludes us from deciding the point now under consideration in the plaintiff's favour. In Dunlop Pneumatic Tyre Company Ltd. v. Selfridge & Company Ltd. (1915 Appeal Cases, page 847) the appellants brought an action for breach of a contract made between the responden......
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3 firm's commentaries
  • Penalty Clauses In Construction Contracts
    • United Kingdom
    • Mondaq UK
    • 3 December 2015
    ...the law on penalties for the first time since the House of Lords case of Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co. Ltd [1915] A.C. 847 a century ago. In both cases, the Supreme Court held that the clauses were valid and enforceable, overturning the Court of Appeal's decision......
  • Asia Pacific - focus on insurance: Hong Kong
    • Hong Kong
    • Mondaq Hong Kong
    • 11 November 2014
    ...of Appeal, set out that the law in Hong Kong remained as magisterially stated in Dunlop Pneumatic Tyre Co td v Selfridge & Co Ltd [1915] AC 847 and that only a person who is a party to a contract can sue on it, affirming the privity of contract principle. The case continued up to the Co......
  • Important Changes To The English Law Rule On Penalty Clauses - What Does It Mean For Franchising?
    • United Kingdom
    • Mondaq UK
    • 4 March 2016
    ...damages. At the beginning of the 20th century, the judgment in the case of Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co. Ltd [1915] A.C. 847 (Dunlop) sought to restate the law on the penalty rule by providing four tests which were designed to be "helpful, or even conclusive" in ......
16 books & journal articles
  • Analysing Judgments: Reasoning, Argument and Legal Logic
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...and decides whether the legal reasoning in the previous case can be compared and applied to facts 44 Dunlop Pneumatic Tyre Co v Selfridge [1915] AC 847 HL. 45 South Australian Asset Management Corporation v York Montague Ltd [1997] AC 191 at 213 (on appeal from Banque Bruxelles Lambert SA v......
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill How Judges Decide Cases: Reading, Writing and Analysing Judgments. 2nd Edition Contents
    • 29 August 2018
    ...[2004] RTR 277 196 Dreyfus v Peruvian Guano Co (1889) 43 Ch D 316, 6Asp MLC 492, 62 LT 518, CA 184 Dunlop Pneumatic Tyre Co v Selfridge [1915] AC 847, 84 LJKB 1680, 113 LT 386, HL 173 xviii How Judges Decide Cases: Reading, Writing and Analysing Judgments DW Moore & Co Ltd v Ferrier [1988] ......
  • Table of Cases
    • United Kingdom
    • Wildy Simmonds & Hill Dissenting Judgments in the Law Preliminary Sections
    • 28 August 2018
    ...250, [1953] 3 WLR 1111, [1953] 2 All ER 1475, CA 86, 98 Drummond, Re [1914] 2 Ch 90 201 Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd [1915] AC 847, 113 LT 386, [1914–15] All ER Rep 333 83–89, 97, 98, 101 Dunlop v Lambert (1839) 6 Cl & F 600, 7 ER 824 100, 104 Dyer v Dyer (1788) 2 Cox E......
  • Contract formation
    • United Kingdom
    • Construction Law. Volume I - Third Edition
    • 13 April 2020
    ...Tech 370 at [2]–[4]. 9 Simms Construction Ltd v GR Homes Ltd [2010] NIQB 128 at [25]. 10 Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co [1915] AC 847 at 853, per Viscount Haldane LC; Wilson v Darling Island Stevedoring & Lighterage Co Ltd (1956) 95 CLR 43; Scruttons Ltd v Midland Silicones L......
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