DANY LIONS LTD v BRISTOL CARS LTD

[2013] Lloyd's Rep Plus 91

QUEEN’S BENCH DIVISION

Before His Honour Judge Seymour QC, sitting as a Judge of the High Court

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.