Legal News

Oral contract entered into by company rather than owner in personal capacity (Erith v Murphy)

Published on: 12 June 2017
Published by: LexisPSL
  • Oral contract entered into by company rather than owner in personal capacity (Erith v Murphy)
  • Original news
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Construction analysis: The court held that an oral contract for waste removal services had been entered into by a company, and not by the company’s owner in his personal capacity. It also rejected claims that the owner had given an indemnity or guarantee to the counterparty in respect of payment for the services, noting among other things that a guarantee must be in (or evidenced in) writing and signed for it to be enforceable. Further, the claim for unjust enrichment could not succeed where there was a contract. or take a trial to read the full analysis.

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