Mellish and Another v Motteux and Others
| Jurisdiction | England & Wales |
| Judgment Date | 02 March 1820 |
| Date | 02 March 1820 |
| Court | Court of the King's Bench |
English Reports Citation: 170 E.R. 113
IN THE COURT OF KING'S BENCH
Disapproved, Baglehole v. Walters, 1811, 3Camp 154
[156] Friday, March 2d. mellish and another v motteux and others (The seller of a ship is bound to disclose to the buyer all latent defects known to him ) [Disapproved, Baglehole v Walters, 1811, 3 Camp 154] The first count of this declaration stated, that in consideration the plaintiffs would buy of the defendants a brig, together with all the rigging, &c. belonging thereto , the defendants undertook and promised the plaintiffs that the brig was free from all latent and concealed defects The count theu [157] stated, that she was not free from latent and concealed defects, and that the defendants at the time of the promise well knew the same It was proved, that the plaintiffs bought the brig " with all faults, ' and not a word was said at the time as to her condition ; but that on examination, and taking out the ballast, it was discovered that 22 of her futtocks were broken, and that had she gone to sea in that condition, her destruction would have been the inevitable consequence That this was a latent defect, which it was impossible for any person to have discovered in the state the ship was at the time of the purchase, and that the defendants knew of it Bearcroft, for the defendants, objected that this was a case where the rule caveat emptor applied, that the plamtifts bought the brig for better for worse, ami could not now get off their bargain Lord Keuyon -There are certain moral duties which philosophers have called duties of imperfect obligation, such as benevolence to the poor, and many others, which courts of law do not enforce But in contracts of all kinds, it is of the highest (a) Vide Garside v The Proprietors of the Trent and Mersey Navigation, 4 Term Rep. 581, where the defendants being common carriers from Skmrport to Manchester, were employed to carry hops from S to M to be forwarded from thence to Stockport. They earned them safe to M and then put them in their own warehouse, in which they were destroyed by an accidental hre, before they had an opportunity of forwarding them to Stockport The Court held tbat they were to be considered as warehousemen only, and therefore not liable , but in a subsequent...
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Bhasin v. Hrynew et al., (2014) 584 A.R. 6
...634, refd to. [para. 35]. Mills v. Mills (1938), 60 C.L.R. 150 (Aust. H.C.), refd to. [para. 35]. Mellish v. Motteux (1792), Peake 156; 170 E.R. 113, refd to. [para. 35]. Carter v. Boehm (1766), 3 Burr. 1905; 97 E.R. 1162, refd to. [para. 35]. Herbert v. Mercantile Fire Insurance Co. (1878)......
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Bhasin v. Hrynew et al., (2014) 464 N.R. 254 (SCC)
...634, refd to. [para. 35]. Mills v. Mills (1938), 60 C.L.R. 150 (Aust. H.C.), refd to. [para. 35]. Mellish v. Motteux (1792), Peake 156; 170 E.R. 113, refd to. [para. 35]. Carter v. Boehm (1766), 3 Burr. 1905; 97 E.R. 1162, refd to. [para. 35]. Herbert v. Mercantile Fire Insurance Co. (1878)......
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Bhasin v. Hrynew, [2014] 3 SCR 494
...to: Aleyn v. Belchier (1758), 1 Eden 132, 28 E.R. 634; Mills v. Mills (1938), 60 C.L.R. 150; Mellish v. Motteux (1792), Peake 156, 170 E.R. 113; Carter v. Boehm (1766), 3 Burr. 1905, 97 E.R. 1162; Herbert v. Mercantile Fire Ins. Co. (1878), 43 U.C.Q.B. 384; Gateway Realty Ltd. v. Arton Hold......
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Bhasin v. Hrynew et al., [2014] N.R. TBEd. NO.014
...fide for the end designed, otherwise it is corrupt and void." Similarly, Lord Kenyon wrote in Mellish v. Motteux (1792), Peake 156, 170 E.R. 113, "in contracts of all kinds, it is of the highest importance that courts of law should compel the observance of honesty and good faith&q......
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The Duty to Perform in Good Faith
...1905, 97 ER 1162 at 1164 (“a good faith forbids either party by concealing what he privately knows”); Millish v Motteux (1792), Peake 156, 170 ER 113 (“in contracts of all kinds, it is of the highest importance that courts of law should compel the observance of honesty and good faith”). For......