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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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UK contract law: Claimant marina (C) claiming outstanding

Customer Question

UK contract law: Claimant marina (C) claiming outstanding storage charges for vessel. Defendant(D) entered into agreement with C for storage of vessel. At material time vessel subject to a Distraint Order thus depriving C of security in the sale of the vessel.D did not reveal to C that vessel subject to this Order. d alleges C is bailee and has duty of care to vessel

In circumstances does C owe duty of care? D was fundamentally in breach of the Agreement at the outset

Was the storage of the vessel unlawful and in effect a trespass?

Would sale of vessel by C constitute a breach of Torts and Interference of Goods Act?
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

D had no duty to reveal that vessel was subject to distract order unless the contract between C and D expressly required D to reveal whether the vessel was subject to any encumbrance.

If D did not pay C storage charges as per the contract between D and C, D would be in breach of contract.
However, C would be a bailee and has a duty of care to look after the vessel until it is lawfully sold or returned back to D.

Storage of vessel was not unlawful and not a trespass as there was a contract between D and C to store the vessel.

Before C could lawfully sell the vessel, it would have needed to give notice to D under the Torts (Interference with Goods) Act 1977. If no such notice was contained in the contract between C and D or if C did not give notice to D under this Act, then C would be in breach of the provisions of the Act.
See here for the requirements of the Act:

http://www.farrer.co.uk/Global/Briefings/Left%20behind.pdf

May I help further?


Customer: replied 3 years ago.

No thanks that is most helpful


 


many thanks

Expert:  UKSolicitorJA replied 3 years ago.
Welcome

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