Harman Patil (Editor)

A M Bisley and Co Ltd v Thompson

Updated on
Edit
Like
Comment
Share on FacebookTweet on TwitterShare on LinkedInShare on Reddit
Decided
  
14 October 1982

Location
  
Citation(s)
  
[1982] 2 NZLR 696

End date
  
October 14, 1982

A M Bisley & Co Ltd v Thompson

Full case name
  
A M Bisley & Co Ltd v Thompson

Judge sittings
  
Owen Woodhouse, Robin Cooke, Baron Cooke of Thorndon, Clifford Richmond

A M Bisley & Co Ltd v Thompson [1982] 2 NZLR 696 is a cited case in New Zealand regarding express terms in a contract. It highlights one of the exceptions to the parol evidence rule, that is contracts that are partly written, and partly oral contracts.

Contents

Background

Thompson ordered a grain dryer to be installed by A M Bisley on his crop farm so he could harvest his grain crops early.

In the written contract, the "estimated delivery date" was a vague "ASAP", however, it had been orally promised to be installed by the next harvest. However, A M Bisley ordered the grain dryer from an overseas manufacturer late, resulting in the grain dryer not being fully installed on Thompson's farm in time.

This unfortunately left Thompson unable to harvest his barley crop early when a storm destroyed his crop.

As a result of this, Thompson refused to pay Bisley for the grain dryer.

Bisley ultimately sued him for the cost of the grain dryer, and Thompson filed a counterclaim for breach of contract for the loss of his barley crop.

The District Court ruled in favour of both claims, meaning that Thompson did not have to pay Bisley's for the grain dryer.

Both parties appealed.

Held

The Court of appeal dismissed both appeals.

References

A M Bisley & Co Ltd v Thompson Wikipedia