Lilley vs. Doubleday

Presented by Aakriti Agarwal (SSCBS)

FACTSPlaintiff- Lilley (L) || Defendant- Doubleday (D)

●D is L’s Agent.

●L instructs D to store goods at D’s warehouse.

●L had insured the goods.

●D however store part of the goods elsewhere

●The goods stored elsewhere were destroyed by fire.

●L lost the benefit of insurance because of change of

place of storage.

●However, there was no negligence on D’s part.

ISSUE

The plaintiff contended that value of goods

should be recovered by him as there was

breach of contract

The defendant argued that there was no

negligence on his part.

Should the defendant pay for the goods’ value?

JUDGEMENT

D stored the goods elsewhere without L’s

consent

Although there was no negligence on D’s part,

the loss was a direct consequence of the

fact that he had breached the contract

Any departure from instructions holds agent

absolutely liable.

D was liable to pay.

Entores vs. Miles

Far East Corporation

Presented by Aarushi Verma (SSCBS)

FACTS

Entores was a London-based trading

company.

It sent an offer by telex for the purchase of

copper cathodes from a company based in

Amsterdam.

The Dutch company sent an acceptance by

telex.

The contract was not fulfilled and so Entores

attempted to sue the owner of the Dutch

company for damages.

FACTS

The controlling company, Miles Far East

Corporation, was based in the UK and under

English law, Entores could only bring the action

in the UK (serve notice of writ outside the

jurisdiction) if it could prove that the contract

was formed within the jurisdiction, i.e. in

London rather than Amsterdam.

ISSUE

Entores later wanted to sue the defendant, the

parent company of the Dutch party.

The question for passing the judgement was,

where was the contract made?

Should the Defendant be sued?

JUDGEMENT

The Judge stated, “The contract is only

complete when the acceptance is received by

the offeror”.

the contract in this case was made in London

where the acceptance was received.

Defendant can be sued