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Lorry Too Light : £325 Damages

18th January 1957
Page 44
Page 44, 18th January 1957 — Lorry Too Light : £325 Damages
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Keywords : Truck, Lorry, Law / Crime

TTRADING as Sidney Kay Automobiles,' Mr. Sidney Kayc, Evelyn Court, Amhurst Road, Hackney, was

awarded £325 damages and costs by Mr. Justice Lloyd-Jacob in the Queen's Bench Division last Friday in an action arising out of the sale to him in May, 1956, by the defendant, Mr. Clifford' Henry Collier, a mechanic, Juniper Street, London, of a Bedford 5-ton lorry.

Mr. Kaye contended that it was a condition of the contract that the registered unladen weight of the vehicle

was 2 tons 18+ cwt. In truth it was only 2 tons 15+cwt. Mr. Justice Lloyd

Jacob said the lorry was first registered in 1941 and passed through a number of hands.

Mr. Collier acquired the lorry in March, 1956, in the expectation of com mencing a haulage business, but later agreed to sell it for £700 to Mr. Kaye, who wanted it for resale.

His lordship was satisfied that Mr. Kaye thought he was bargaining for a lorry with a higher unladen weight than stated.

The judge said he could not hold on the evidence that there was a later agreement between the parties to rescind the bargain. But Mr. Kaye was entitled to receive compensation assessed at • £325—the., difference between £700 and the lorry's value of £450, together with £75 loss of profit on a resale to another party.

Mr. Justice Lloyd-Jacob observed that the registered unladen weight was a material factor in transactions of this nature, a registered owner being allowed to substitute another'vehicle to operate tinder the licence if, and only if, the unladen weight of the substitute vehicle did not exceed that for which the licence was granted.


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