Dublin Port and Docks Board v Brittania Dredging Company Ltd
| Jurisdiction | Ireland |
| Judgment Date | 31 July 1968 |
| Date | 31 July 1968 |
| Docket Number | [1968. No. 1661 P.] |
| Court | Supreme Court |
Contract -Negative term - Agreement that party would not remove equipment from site - Imminent breach of contract threatened.
The defendants contracted with the plaintiffs to perform certain dredging works. The defendants had assessed their costs of the works on the basis of a survey of the site which the plaintiffs had delivered to the defendants before they tendered for the works. The defendants maintained that the plaintiffs had misrepresented the material to be dredged which differed fundamentally from the material described in the survey, and the defendants stated that, as a consequence, they were losing £2,000 per week in executing the works and that they would be compelled soon to abandon performance of the contract. It was an essential feature of the contract that the defendants should be deemed to have inspected the site and to have made enquiries about the nature of the material to be dredged, and that the plaintiffs should not be liable for any misrepresentation or lack of information; in addition the contract stipulated that all equipment brought to the site by the defendants should be deemed to be the property of the plaintiffs and that such equipment should not be removed by the defendants without the consent of the plaintiffs' engineer. The equipment brought to the site by the defendants was the property of a third party. The plaintiffs applied for an interlocutory injunction restraining the defendants from removing the dredging equipment from the site. Held by the Supreme Court ( Ó Dálaigh C.J., Haugh and Budd JJ.), 1, that the contract was designed to enable the plaintiffs to have the works completed in the event of the...
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