Rose and Frank v. J.R. Crompton and Brothers Ltd.
- Rose and Frank v. J.R. Crompton and Brothers Ltd.
"Rose and Frank Co. v J.R. Crompton & Bros Ltd" [1923] 2 KB 261; [1925] AC 445 is a leading decision on English contract law.
Background
Two business men signed an agreement regarding the production and sale of carbon paper. The agreement included the clause:
The relationship between the two parties broke down and one of the parties broke the agreement. Rose and Frank Co. sued on enforcement of the agreement.
Decision of the Court of Appeal
The Court held that there was no legal contract. The clause had the effect of negating any other objective evidence of intention to create legal relations. Justice Vaisey, writing for the Court, reasoned that it was a gentlemen's agreement, "which is not an agreement entered into between two persons, neither of whom is a gentleman, with each expecting the other to be strictly bound, while he himself has no intention of being bound at all."
He further stated that parties are capable of forming an agreement that does not give rise to legal relations. "The reason of this is that the parties do not intend that their agreement shall give rise to legal relations. This intention may be implied from the subject matter of the agreement, but it may also be expressed by the parties. In social and family relations such an intention is readily implied, while in business matters the opposite result would ordinarily follow."
External links
* [http://www.bailii.org/uk/cases/UKHL/1924/2.html Full text of decision from BAILII.org]
Wikimedia Foundation.
2010.
Look at other dictionaries:
List of Supreme Court of Judicature cases — This is a chronological list of notable cases decided by the Supreme Court England and Wales. That is, cases from the High Court of Justice of England and Wales, Court of Appeal of England and Wales, and Crown Court. pre 1800 * Haxey s case… … Wikipedia
Economic Affairs — ▪ 2006 Introduction In 2005 rising U.S. deficits, tight monetary policies, and higher oil prices triggered by hurricane damage in the Gulf of Mexico were moderating influences on the world economy and on U.S. stock markets, but some other… … Universalium
New Year Honours 1997 — The New Year Honours 1997 for the United Kingdom and Hong Kong were announced on 31 December, 1996, to celebrate the year passed and mark the beginning of 1997.The recipients of honours are displayed here as they were styled before their new… … Wikipedia
1997 New Year Honours — The New Year Honours 1997 for the United Kingdom and Hong Kong were announced on 31 December 1996, to celebrate the year passed and mark the beginning of 1997. The recipients of honours are displayed here as they were styled before their new… … Wikipedia
English contract law — is an influential system regulating the law of contract that operates in England and Wales. Its doctrines form the basis of contract law across the Commonwealth, including Australia, Canada, India, New Zealand and South Africa and more generally… … Wikipedia
Timeline of historic inventions — The timeline of historic inventions is a chronological list of particularly important or significant technological inventions. Note: Dates for inventions are often controversial. Inventions are often invented by several inventors around the same… … Wikipedia
Che Guevara — Che redirects here. For other uses, see Che (disambiguation). Che Guevara … Wikipedia
