SWI Ltd v P & I Data Services Ltd (Record no. 79140)

MARC details
000 -LEADER
fixed length control field 01795cad a22001935a 4500
001 - CONTROL NUMBER
control field L139944
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 070822e20070704xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u139944
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title SWI Ltd v P & I Data Services Ltd
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2007
520 ## - SUMMARY, ETC.
Summary, etc. [2007] EWCA Civ 663, 4 July 2007. Examines what can happen when a contract does not contain a provision permitting it to be varied. Respondent subcontractor (S) had entered into a subcontract with appellant contractor (P) to undertake electrical works on the basis of a very simple contract which had no contractual terms or conditions identified. This meant that any necessary terms would have to be implied. P was subsequently required to do more work under the main contract which meant S was required to do less electrical work. P sought a reduction in the amount payable to S, claiming the subcontract was a unit price contract, but the judge held that the subcontracts were fixed price contracts and that P was not entitled to any reduction. P then argued that terms should be implied into the subcontract dealing with variations and further relied upon the doctrine of substantial performance. "Held": appeal dismissed. The fixed price contract did not contain a provision permitting it to be varied, and therefore although S had not undertaken the full extent of the works, P was still liable to pay the full subcontract sum.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SWI LTD V P AND I DATA SERVICES LTD
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 BUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2007/663.html">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2007/663.html</a>
Public note View the judgment 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 22/08/2007   ONLINE PUBLICATION 139944-2001 06/08/2019 1 06/08/2019 Law report