Brian Royle Maggs (t/a BM Builders) v Guy Anthony Stayner Marsh (Record no. 77614)

MARC details
000 -LEADER
fixed length control field 02130cab a2200193 4500
001 - CONTROL NUMBER
control field ##L134669
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060824n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u134669
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Brian Royle Maggs (t/a BM Builders) v Guy Anthony Stayner Marsh
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWCA Civ 1058, 7 July 2006. Appeal by GM against a decision ordering him to pay a sum to B in respect of work done at GM's premises. After B submitted an estimate in respect of refurbishment works, an oral agreement was reached between B and GM for the work to proceed. A list of the proposed works was attached to the estimate. Additional items of work were later done on GM's instructions. GM disputed the final bill on the grounds that many of the extra items formed part of the original agreement and had been paid within the contract price. The trial judge concluded that what the parties had agreed had been fixed at the time the agreement was made, and the subsequent conduct of the parties was not an aid to the original construction of the contract. He therefore refused to consider lists of work done that had been provided by B with interim invoices as a reliable guide to what the parties had believed to be additional items of work. He preferred B's evidence to that of M, and found that most of the items were true extras to the original agreement. "Held": where an agreement was partly written and partly oral, subsequent conduct can be examined to determine the parties' original intentions. In this case, the judge had been wrong to exclude evidence of the lists attached to the interim invoices. This error went to the heart of the case, as consideration of that evidence would inevitably have had some effect on the judge's views of B's credibility. Appeal allowed.
590 ## - LOCAL NOTE (RLIN)
Local note IKA050906 NTK
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MAGGS V MARSH
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2006/1058.html">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2006/1058.html</a>
Public note View the item free of charge at www.bailii.org/...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 24/08/2006   ONLINE PUBLICATION 134669-1001 06/08/2019 1 06/08/2019 Law report