DANY LIONS LTD v BRISTOL CARS LTD

[2014] 1 Lloyd's Rep. 281

QUEEN's BENCH DIVISION

Before His Honour Judge Seymour

Contract – Mistake – Frustration – Defendant agreeing to carry out substantial works to claimant's 1955 Bristol motor car including provision of automatic gearbox – Works not carried out – Defendant pleading that contract was void for common mistake alternatively was frustrated on basis that transmission could not in fact be converted to automatic whilst retaining the car's full functionality – Claimant applying for summary judgment – Relevant principles – Whether contract void for mistake or frustrated