Dunlop Pneumatic Tyre Company Ltd v Selfridge & Company Ltd

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

[1915] UKHL J0426-1

House of Lords

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

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:


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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145 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 ......
4 books & journal articles
  • A Birthday Present for Lord Denning: The Contracts (Rights of Third Parties) Act 1999
    • United Kingdom
    • The Modern Law Review Nbr. 63-5, September 2000
    • 1 September 2000
    ...1 WLR 68; Alfred McAlpine Construction Co Ltd vPanatown Ltd (1998) 58 Const LR 58;Total Liban SAL vVitol Energy SA [2000] 1 All ER 26768 [1915] AC 847.September 2000] Contracts (Rights of Third Parties) Act 1999ßThe Modern Law Review Limited 2000 burdened under it. However, what if the cont......
  • Privity of Contract – the Benefits and the Burdens of Law Reform
    • United Kingdom
    • The Modern Law Review Nbr. 60-2, March 1997
    • 1 March 1997
    ...See para 1.6 of the Report.6 (1861) 1 B & S 393.7 See Beswick vBeswick [1968] AC 58.8Dunlop Pneumatic Tyre Co vSelfridge and Co Ltd. [1915] AC 847, The task of reforming such a discredited doctrine as privity, however, is far fromstraightforward. It is one thing to condemn the doctrine as u......
    • Singapore
    • Singapore Academy of Law Journal Nbr. 1990, December 1990
    • 1 December 1990
    ...Megrah, The Law of Bankers’Commercial Credits, Europa Publications, London 7th Ed. 1984, Chapter 4 at pp. 24—34. 10 Dunlop v. Sefridge [1915] AC 847. 11 Supra note 8; see alsoRe Agra & Masterman’s Bank(1867) L.R. 2 Ch. App. 391; Urquhart Lindsay v. Eastern Bank, op. cit. note 5. 12 Supra no......
  • Privity of contract: the potential impact of the law reform commission recommendations on irish contract law
    • Ireland
    • Irish Judicial Studies Journal Nbr. 2-10, July 2010
    • 1 July 2010
    ...College Cork, under the supervision of Mr. Frank Martin. 1Per Haldane L.J., Dunlop Pneumatic Tyre Co. Ltd. v. Selfridge and Co. Ltd. [1915] A.C. 847, at 853. 2Per Diplock L.J., Swain v. Law Society [1983] A.C. 593, at 611. 3 Clarke, Contract Law in Ireland (5th ed., Thomson Round Hall, 2004......

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