I am currently reading a book on General English Law and there have been several references to the Dunlop Pheumatic Tyres Co. LTD v. Selfridge & Co. LTD case. I was wondering if anybody knew what the final verdict for that case was. I wasn't able to find it on google...
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Dunlop v. Selfridge 1915 watch
- Thread Starter
- 06-06-2005 11:18
- 06-06-2005 11:47
Have you got a citation for it ? I'll look it up on Westlaw for you.
- 06-06-2005 12:49
I've studied it in the context of consideration, here's my notes from it:
Similarly, in Dunlop Pneumatic Tyre Co v Selfridge (1915) HL, the HL explained consideration in terms of sale and purchase:
· Viscount Haldane “In the law of England certain principles are fundamental… A second principle is that if a person with whom a contract not under seal has been made is to be able to enforce it, consideration must have been given by him to the promisor or to some other person at the promisor’s request”
· Lord Dunedin – “I am content to adopt from a work of Sir Frederick Pollock … the following words as to consideration: ‘an act or forebearance of one party, or the promise thereof, is the price for which the promise of the other is bought, and the promise thus given for value is enforceable”
I know it's also come up in at least one other area.... which is privity of contract. This is the summary I have in my revision notes - sorry if you're looking for more detail!
Dunlop Pneumatic Tyre Co Ltd v Selfridge & Co Ltd (1915) AC 847
* In a contract dated 12/10/11, wholesalers Dew & Co agreed to buy tyres from manufacturers Dunlop
* It was expressly agreed in the contract that Dew & Co would not sell the tyres for a price lower than that fixed by Dunlop
* Dew & Co also undertook to obtain price-fixing agreements with any party with whom they subsequently contracted (i.e. those buying wholesale tyres)
* Dew & Co later sold tyres to Selfridge & Co Ltd on these terms
* Selfridge & Co Ltd broke the agreement and sold the tyres at discounted prices
* Dunlop sued Selfridge & Co Ltd, seeking an injunction
* The claim failed for lack of privity - Selfridge & Co was a third party to the contract between Dew & Co and Dunlop; meaning that they could not sue or be sued under it
Hope that helped! x
- Thread Starter
- 06-06-2005 15:54
Thanks Lauren18 that's more than what I needed!
Don't worry about it MissAmy, thanks anyway!