Furmans Electrical Contractors v Elecref Ltd (Record no. 81530)

MARC details
000 -LEADER
fixed length control field 02065cad a22001935a 4500
001 - CONTROL NUMBER
control field L147420
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 090511e20090310xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u147420
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 04 - TITLE STATEMENT
Title Furmans Electrical Contractors v Elecref Ltd
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2009
520 ## - SUMMARY, ETC.
Summary, etc. [2009] EWCA Civ 170, 10 March 2009. The case relates to the reopening of invoices already paid and recovery of payment. Elecref Limited (E) was a subcontractor supplying electrical items. Furmans Electrical Contractors (F) installed the cabling for E. The payment was according to the amount installed. From about July 2004, E decided to pay the works according to daily rates, which were increased to include accommodation when the site was far away. E paid F's invoices until September 2007. Then it notified that the invoices were too expensive because F's men were working fewer hours and because they were paying for accommodation on Fridays which were not used on that day. E did not ask for recovery of overcharged amounts but paid a further sum of money to F. E refused to pay further invoices afterwards. F issued proceedings to the court. The judge concluded that F had to repay E the sums overcharged. The case was appealed. "Held": Appeal dismissed, the respondent's appeal is allowed. The judge erred in failing to distinguish between the paid and unpaid invoices. There was no basis to reopen the invoices already paid to F. F's invoices claiming the daily rates were not contrary to any agreement or representation. In not claiming the recovery of the money and making a substantial payment afterwards, E waived any claim to recover this money. F was entitled to judgement in the appropriate sum.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element FURMANS ELECTRICAL CONTRACTORS V ELECREF 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/ew/cases/EWCA/Civ/2009/170.html">https://www.bailii.org/ew/cases/EWCA/Civ/2009/170.html</a>
Public note View the case free of charge at www.bailli.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 11/05/2009   ONLINE JUDGMENT 147420-2001 06/08/2019 1 06/08/2019 Law report