LAWS 3003 Lecture Notes - Lecture 11: English Contract Law, Fundamental Breach, Contra Proferentem
Document Summary
English contract law case which established the rules of fundamental breach. The court was unanimous in the decision handed down by denning lj in replacing the rule of strict. Construction, which stated that the contract was constructed to do only what it says it will do. Karsales has been controversial because it set precedent which says judges can override contracts and create a better contract in equity, even though both parties agreed to the original contract. Mr. wallis viewed a used buick car that was being sold by stinton for 600. Wallis found the car to be in excellent condition, and agreed that he would buy the car if stinton would arrange financing through a hire-purchase company. Karsales (harrow) ltd. bought the car and sold it to. Mutual finance ltd. , which then finally lent the car to wallis on hire-purchase terms. Wallis had not seen the vehicle since his first viewing.
