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<s>[INST] What details can you share about the following response? [/INST]
Contracts.
The sale of the car was in fact undertaken by
four separate but inter-related contracts. These
were:
... | 1,459 |
<s>[INST] What details can you share about the following response? [/INST]
Contractual
Description. The question that arises
is whether there was a contractual description of
the car in each of these contracts. The answer is
... | 1,460 |
<s>[INST] What is the main topic of the following response? [/INST]
The contract
between SMRL and Mrs Brewer. The goods being
sold by SMRL were described as: a "1930 Bentley
Car" with the following details:
... | 1,461 |
<s>[INST] Who are the main participants in the following event? [/INST]
Mr Hardiman had
asked Mr Mann to issue the invoice with the description
of the car being "1930 Bentley Speed Six". However,
the invoice that he issued omit... | 1,462 |
<s>[INST] Who are the main participants in the following event? [/INST]
Moreover, the description
in the invoice was clearly intended to be subject
to the contractual warranty made by Mr Mann on both
his and SMRL's behalf to Mr... | 1,463 |
<s>[INST] What is the main topic of the following response? [/INST]
Thus, the description,
in context, was intended to mean, and did mean,
"a 1930 Speed Six Bentley Motor Car incorporating
a 1930 Speed Six engine".</s> | 1,464 |
<s>[INST] What details can you share about the following response? [/INST]
The contract
of sale between SMRL and Fortis. This described
the car as "One 1930 Bentley Speed Six Car". This
description was provided by Mr Mann and t... | 1,465 |
<s>[INST] Who are the main participants in the following event? [/INST]
The hire purchase
agreement. This was filled in by Mr Hardiman
using the description of the car as a "1930 Bentley
Speed Six" that had originated from Mr M... | 1,466 |
<s>[INST] Who are the main participants in the following event? [/INST]
The sale of
the car and the passing of property in the car from
Mr James to SMRL. The description of the car
was a 1930 "Bentley motor car" with the same r... | 1,467 |
<s>[INST] Who are the main participants in the following event? [/INST]
Contractual
description. The classic test for
determining whether a description of goods being
sold is a contractual description creating an obligation
... | 1,468 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
Conclusion
� contractual description. The description
"One 1930 Bentley Speed Six Car" in the sale contract
from SMRL to Fortis and in th... | 1,469 |
<s>[INST] What event is described in the following response? [/INST]
Introduction.
One of the principal difficulties in this case
has been to identify how, for the purposes of section
9 of the Supply of Goods (Implied Terms) Ac... | 1,470 |
<s>[INST] What is the main topic of the following response? [/INST]
Mr Mann and
SMRL's case. Mr Mann, supported by
Mr Fenn's evidence about the BDC's system of classifying
vintage Bentleys, insisted that a "Speed Six" Bentley
... | 1,471 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
When pressed, both
men accepted that a Speed Six car that incorporated
such a chassis number should be supported by a continuous
history ... | 1,472 |
<s>[INST] What details can you share about the following response? [/INST]
Answer to
Mr Mann's case. The BDC's limited
definition of a Speed Six, or of any other vintage
Bentley type, that was championed by Mr Fenn does
... | 1,473 |
<s>[INST] What is the main topic of the following response? [/INST]
However, the BDC's
method of describing a Speed Six car is not a sufficient
method of describing the Speed Six car type for
the purposes of a sale or bailment ... | 1,474 |
<s>[INST] Who are the main participants in the following event? [/INST]
All cars that started
life as a Speed Six car are unique and are approximately
eighty years old. Each surviving Speed Six has changed
significantly over th... | 1,475 |
<s>[INST] What event is described in the following response? [/INST]
Thus, it is a necessary,
but not a sufficient, characteristic of a car that
is described as a 1930 Speed Six that its original
chassis number is to be found o... | 1,476 |
<s>[INST] What event is described in the following response? [/INST]
Speed Sixes
sold by description. The purpose
of the statutory requirement that goods sold or
bailed by to a consumer must confirm to their description
... | 1,477 |
<s>[INST] What details can you share about the following response? [/INST]
Thus, to take this
case, the general description "1930 Speed Six" was
one which was capable of covering any car with an
authentic Speed Six chassis what... | 1,478 |
<s>[INST] What event is described in the following response? [/INST]
The generic description
of the car as a 'Speed Six car' was sufficient to
describe either type of car. Thus, given the buyer's
wishes that had been communicat... | 1,479 |
<s>[INST] What details can you share about the following response? [/INST]
Continuous
history documentation. These considerations
show why the continuous history documentation of
a Speed Six is so important. In this case, the c... | 1,480 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
Conclusion
� sale by description. Thus, the
description for the purposes of the implied term
in all three contracts is to be considered t... | 1,481 |
<s>[INST] What event is described in the following response? [/INST]
Mr Mann and
SMRL's liability - conclusion. There can
be no doubt, therefore, that Mr Mann, in relation
to the warranty given to Mrs Brewer, that SMRL,
... | 1,482 |
<s>[INST] What is the main topic of the following response? [/INST]
The reasons why
the car could no longer be described in this way
may be summarised as follows:
(1) The 1930 Speed Six engine ... | 1,483 |
<s>[INST] What is the main topic of the following response? [/INST]
The only accurate
description that the car could have been provided
with would have been one that explained in detail
all four of these changed aspects of the ... | 1,484 |
<s>[INST] What event is described in the following response? [/INST]
Mr Mann's
and SMRL's defence - conclusion. The
only reason why Mr Mann persisted in describing
the car as a 1930 Speed Six was because he, supported
... | 1,485 |
<s>[INST] What is the main topic of the following response? [/INST]
The difficulty
with that approach is that it means that the car,
although reconstructed with an engine which is a
Standard 6�-litre engine in design and with a... | 1,486 |
<s>[INST] What is the main topic of the following response? [/INST]
It is, of course,
for the BDC, other vintage car clubs and the DVLA
to decide how they will categorise a vintage car
for their own particular purposes. Those d... | 1,487 |
<s>[INST] What event is described in the following response? [/INST]
Fortis' liability
� bailment by description. It was
contended on behalf of Fortis by its counsel Mr
Brant that the bailment of the car to Mrs Brewer
... | 1,488 |
<s>[INST] What is the main topic of the following response? [/INST]
It is factually
incorrect to assert that Mrs Brewer provided the
description of the car to Fortis. In fact, Mr Mann
chose that description himself and provided... | 1,489 |
<s>[INST] What event is described in the following response? [/INST]
Mr Brant also contended
that it was not credible that Mrs Brewer had relied
on the description "Bentley Speed Six car" when
deciding to enter into the hire pu... | 1,490 |
<s>[INST] What event is described in the following response? [/INST]
Clause 5.1
� prevention or exclusion of liability.
Fortis contends that the term of the agreement
that gives rise to the contractual description relied
... | 1,491 |
<s>[INST] What event is described in the following response? [/INST]
Mr Brant contended
that this provision had the effect that the contractual
description of the car as a "1930 Bentley Speed
Six Car" was a "condition, warranty... | 1,492 |
<s>[INST] Who are the main participants in the following event? [/INST]
However, contrary
to Mr Brant's submission, clause 5.1 of the hire
purchase agreement does not exclude the hire being
by description. This is because the d... | 1,493 |
<s>[INST] What is the main topic of the following response? [/INST]
The only way that
clause 5.1 could be applicable would be as a means
of excluding Fortis's liability arising from its
breach of the implied term requiring the ... | 1,494 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
Thus, clause 5.1
does not prevent the contractual description taking
effect nor does it exclude liability arising from
a breach of an imp... | 1,495 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
Overall conclusion
� hire purchase agreement bailment by description.
Mrs Brewer relied on a description within the
hire purchase agreeme... | 1,496 |
<s>[INST] What details can you share about the following response? [/INST]
Overall conclusion
- liability. Mr Mann was in breach
of his contractual warranty provided to Mrs Brewer
that the car was a Speed Six and that the engin... | 1,497 |
<s>[INST] What details can you share about the following response? [/INST]
Factual background.
Mrs Brewer has potentially three remedies against
Fortis arising from its breach of the implied term
that the car should comply with... | 1,498 |
<s>[INST] Who are the main participants in the following event? [/INST]
These remedies
must be considered against the relevant contractual
background. This is that Mrs Brewer had taken possession
of the car on 7 June 2007 and s... | 1,499 |
<s>[INST] What is the main topic of the following response? [/INST]
Mrs Brewer immediately
took legal advice and then notified Fortis of her
discovery and that she wished to make a claim against
Mr Mann based on what she consid... | 1,500 |
<s>[INST] What is the main topic of the following response? [/INST]
Fortis did not
respond to Mrs Brewer's request. Instead, by return
in a notice dated 7 August 2008, it gave her notice
terminating the agreement and requiring ... | 1,501 |
<s>[INST] What details can you share about the following response? [/INST]
Mrs Brewis's
right to reject. It was contended
on behalf of Fortis that Mrs Brewer had lost the
right to reject the car since clause 2 of the agreement ... | 1,502 |
<s>[INST] What event is described in the following response? [/INST]
The first answer
to Fortis's contention that Mrs Brewer has lost
the right to reject is provided by section 13(1)(b)
of the Unfair Contract Terms Act 1977 whi... | 1,503 |
<s>[INST] Who are the main participants in the following event? [/INST]
The second answer
to Fortis's contention is that the right to reject
cannot be lost until the hirer, in this case Mrs
Brewer, has had a reasonable opportun... | 1,504 |
<s>[INST] What details can you share about the following response? [/INST]
Fortis also contends
that Mrs Brewer did not have the right to reject
the car because she had purported to exercise that
right on the grounds of misdesc... | 1,505 |
<s>[INST] What event is described in the following response? [/INST]
I reject this submission
on the facts of this case. Although Mrs Brewer had
fallen behind with her payments, she had the funds
available to pay the arrears an... | 1,506 |
<s>[INST] What details can you share about the following response? [/INST]
Moreover, the submission
that Mrs Brewer had lost the right to reject is
irrelevant to her current claim. This is because
she is claiming damages from F... | 1,507 |
<s>[INST] What event is described in the following response? [/INST]
Conclusion
� right to reject. Mrs Brewer had
not accepted the car and if clause 2 of the agreement
has the effect of her having to be presumed to have
... | 1,508 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
Mrs Brewer claims
damages arising from the breach of Mr Mann's contractual
warranty from both Mr Mann and from SMRL and, in
the case of S... | 1,509 |
<s>[INST] What event is described in the following response? [/INST]
Mrs Brewer's claim
is for so-called reliance damages, being the losses
incurred by an innocent party who has entered into
a contract which has proved to be fu... | 1,510 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
Mrs Brewer's claim
is similar to the claim which was held to be recoverable
in Yeoman Credit Ltd v Odgers [15] with these words:
... | 1,511 |
<s>[INST] What is the main topic of the following response? [/INST]
Conclusion
� Mrs Brewer's claims for damages. Mrs Brewer
is entitled to both heads of damages as claimed
by her and is also entitled to an indemnity from
... | 1,512 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
Fortis claims the
outstanding arrears that had accrued before it purported
to terminate the agreement and also damages to compensate
it f... | 1,513 |
<s>[INST] What is the main topic of the following response? [/INST]
Mrs Brewer's response,
which I accept and apply, successfully refutes Fortis's
counterclaim on the following five cumulative grounds:
... | 1,514 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
Conclusion
� Fortis's counterclaim. Fortis has no entitlement
to counterclaim the arrears of hire outstanding
at the date it purported to... | 1,515 |
<s>[INST] What details can you share about the following response? [/INST]
Mrs Brewer is entitled
to repayment by Fortis of all hire payments that
she has previously paid since she was entitled to
rescind the contract and such ... | 1,516 |
<s>[INST] What event is described in the following response? [/INST]
The final issue
that I must decide is whether Mrs Brewer has to
give credit for the use of the car in the period
between her taking delivery of it and the dat... | 1,517 |
<s>[INST] What event is described in the following response? [/INST]
Before considering
these claims, it is first necessary to consider
again the basis of Mrs Brewer's claim against each
defendant against which these claims are... | 1,518 |
<s>[INST] What details can you share about the following response? [/INST]
There might have
been a basis for a claim for wear and tear, damage
to the car during its use or for a share in any
tangible benefit obtained from its u... | 1,519 |
<s>[INST] What event is described in the following response? [/INST]
Conclusion
� restitutionary counterclaims. It
follows that no restitutionary claim arises and
Mrs Brewer need not provide any off-set for her
... | 1,520 |
<s>[INST] What is the main topic of the following response? [/INST]
Joinder of
SMRL. During the trial, I ruled that
SMRL could and should be joined as a third defendant.
This was because:
... | 1,521 |
<s>[INST] Who are the main participants in the following event? [/INST]
Joinder of
SMRL to the third party proceedings.
For the same reasons as have resulted in SMRL being
joined as a party, it is fair and reasonable that
... | 1,522 |
<s>[INST] What details can you share about the following response? [/INST]
Principal
findings. The principal findings
are as follows:
(1) (a) Mr Sibson had inspected and measured the
... | 1,523 |
<s>[INST] Who are the main participants in the following event? [/INST]
Overall conclusion.
In the result, Mrs Brewer's claims succeed against
each defendant, Fortis's counterclaim fails and
Mrs Brewer is entitled to damages ag... | 1,524 |
<s>[INST] What details can you share about the following response? [/INST]
Appendix I</s> | 1,525 |
<s>[INST] What event is described in the following response? [/INST]
The Case of Old Bentley Number One</s> | 1,526 |
<s>[INST] What event is described in the following response? [/INST]
HUBBARD vs. MIDDLEBRIDGE SCIMITAR
LIMITED</s> | 1,527 |
<s>[INST] What details can you share about the following response? [/INST]
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
Royal Courts of Justice, London.
No. 90/MJ/2474 - 27th July 1990</s> | 1,528 |
<s>[INST] What is the main topic of the following response? [/INST]
Before: MR. JUSTICE OTTON</s> | 1,529 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
Transcribed from the Official Tape
Recording by Cater Walsh & Co.,
6 Jelleyman Close, Blakebrook, Kidderminster DY11 6AD.
(Official Court Reporters a... | 1,530 |
<s>[INST] Who are the main participants in the following event? [/INST]
MR. M. ROSEN, instructed by Carter
Faber, London EC4Y 9AY, appeared on behalf of the plaintiff.
MR. R. SLOWE, instructed by Dibb Clegg, London WC2A
1NE, appeared on be... | 1,531 |
<s>[INST] What event is described in the following response? [/INST]
JUDGEMENT (As Revised)</s> | 1,532 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
MR. JUSTICE OTTON: In this action
the plaintiff, Edward Hubbard, seeks specific performance
of a contract entered into with the defendants, Middlebridge
... | 1,533 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
The plaintiff agreed to sell this car
for �10 million, in exchange for the assets of Middlebridge
Scimitar Limited valued at �3.2 million, plus
�6.8... | 1,534 |
<s>[INST] What is the main topic of the following response? [/INST]
The plaintiff is 59 years of age and
has had a passionate interest in fast and prestigious
motor cars all his life. He has acquired a deep
and detailed knowledge of vintag... | 1,535 |
<s>[INST] What details can you share about the following response? [/INST]
The defendants are a company formed
in May 1987. They are a subsidiary of Middlebridge Group
Limited. The Company and the Group carry on the business
of manufacture... | 1,536 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
The principal shareholder of the Group
is Mr. Kohji Nakauchi, from whose name in Japanese the
Group's name derives. He is clearly a wealthy industrialist
... | 1,537 |
<s>[INST] Who are the main participants in the following event? [/INST]
The managing director of the Group
and the Company is Mr. William McCormack. He has a history
of banking behind him and is considered to be the person
who looks after ... | 1,538 |
<s>[INST] What event is described in the following response? [/INST]
However, the principal character in
this action is not the larger than life Edward Hubbard
or the ambitious and thrusting Japanese speaking Dennis
Nursey. It is two tons ... | 1,539 |
<s>[INST] Who are the main participants in the following event? [/INST]
It was produced for my inspection in
Lincoln's Inn. It looked beautiful and the magic and
sheer power of its engine evoked excitement and nostalgic
memories of the pas... | 1,540 |
<s>[INST] What details can you share about the following response? [/INST]
Between 1921 and 1930 W.A. Bentley,
the founder of Bentley Motor Cars, took a passionate
interest in motor racing. To many, even today, motor
racing in the 20s and ... | 1,541 |
<s>[INST] Who are the main participants in the following event? [/INST]
They strove to be, and were, world
beaters particularly on two circuits -- Le Mans and
Brooklands.</s> | 1,542 |
<s>[INST] What details can you share about the following response? [/INST]
Origin</s> | 1,543 |
<s>[INST] Who are the main participants in the following event? [/INST]
The car, which was later to be known
as Old Number One, started life when it was selected
at random from the Standard Six production line in preparation
as the Bentley... | 1,544 |
<s>[INST] Who are the main participants in the following event? [/INST]
It was the second Speed Six to be built.
It had a six cylinder, 6+ litre engine, with a non-detachable
head in the form of a conventional internal combustible
engine. ... | 1,545 |
<s>[INST] What details can you share about the following response? [/INST]
It was fitted with a four seater Van
den Plas open body. After the successes at Le Mans of
the 3 litre and 4+ litre cars, much was expected of
it. At Le Mans in 192... | 1,546 |
<s>[INST] Who are the main participants in the following event? [/INST]
On 24th April 1929 the car was registered
bearing the registration number MT 34484. The car that
I saw bears this registration number today.</s> | 1,547 |
<s>[INST] Who are the main participants in the following event? [/INST]
Racing History</s> | 1,548 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
The racing history of the car began
at Brooklands in the Double twelve race in 1929, so-called
because the race was run in two successive twelve hour
... | 1,549 |
<s>[INST] What event is described in the following response? [/INST]
At page 264 of Mr. Hay's book there
is a short description of the race as follows:</s> | 1,550 |
<s>[INST] What details can you share about the following response? [/INST]
"The Speed Six,
driven by Birkin, was first away on the flagfall and
apart from the problems with shifting ballast on
the Clement Chausan 4� litre and the retiremen... | 1,551 |
<s>[INST] What event is described in the following response? [/INST]
Some cruise! The speed was 73.62 miles
per hour.</s> | 1,552 |
<s>[INST] What details can you share about the following response? [/INST]
The cars in those days were driven
back to England through France, via Paris, and one can
imagine the victorious scenes which greeted the cars
on their route back. ... | 1,553 |
<s>[INST] Can you provide details about the activities mentioned in the response? [/INST]
As Mr. Hay in his expert's report says,</s> | 1,554 |
<s>[INST] Who are the main participants in the following event? [/INST]
"It is important
to realize that racing cars are invariably changed during
their careers, to incorporate improvements and
modifications, and because of hard use and a... | 1,555 |
<s>[INST] What details can you share about the following response? [/INST]
The plaintiff's experts, Mr. Hay and
Mr. Guppy, with the aid of a remarkable series of photographs,
the Bentley stripping records and service records, have
been abl... | 1,556 |
<s>[INST] Who are the main participants in the following event? [/INST]
Within a matter of weeks after participating
in the Double Twelve race on 10th May, photographs taken
in June 1929 show the Van den Plas body cut away for
the driver's... | 1,557 |
<s>[INST] Who are the main participants in the following event? [/INST]
A fortnight later, on 29th June, it
was back at Brooklands for the 6 hours race. The back
axle internals had been renewed along with the exhaust
valves, and all the va... | 1,558 |
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