header-logo header-logo

Stitched up?

20 February 2015 / Sara Wyeth , Anton van Dellen
Issue: 7641 / Categories: Features , Commercial
printer mail-detail
wyeth

Manufacture at your risk, say Dr Anton van Dellen & Sara Wyeth

When a manufacturer supplies to a wholesaler, to what extent should the manufacturer be held responsible for events involving a wholesaler and an end-retailer? This question was considered by the Court of Appeal in the recent case of Confectia v Miss Mania [2014] EWCA Civ 1484.

Who bears the risk?

Confectia is a manufacturer of clothing based in Romania. It agreed to supply clothing to Miss Mania, a wholesaler based in the UK. Miss Mania proceeded to supply garments to a number of retailers, one of whom, Perera, refused to pay for the goods on the grounds of quality after delivery from Miss Mania. However, Miss Mania either took no steps or inadequate and insufficient steps to recover the goods from Perera and Perera was struck off almost a year later.

The issue before the court was whether the insolvency of a retailer was reasonably contemplatable as a serious possibility at the time of contracting within the rule in Hadley v Baxendale (1854) 9 Exch 341, [1843-60] All ER

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll