Esso Petroleum Company (Ireland) Ltd v Fogarty

JurisdictionIreland
Judgment Date21 December 1965
Date21 December 1965
Docket Number(1965. No. 2289 P.)
CourtSupreme Court
(S.C.)
Esso Petroleum Co. (Ireland) Ltd
and
Fogarty

Breach of contract - Solus agreement - Agreement by defendant to deal exclusively in petrol supplied by plaintiffs - Sub-demise by defendant of petrol pumps and tanks - Preservation of status quo -Extent of damage to plaintiffs.

By agreement, dated the 21st April, 1964, the defendant agreed to purchase his total requirements of motor fuel at his service station exclusively from the plaintiff Company for a period of five years from the date of the agreement, and not to sell, or offer to sell, the service station or the business carried on therein during the said period without first giving the plaintiffs an opportunity of introducing a purchaser, and to use his best endeavours to ensure that any purchaser, assignee or transferee would enter into a similar agreement with the plaintiffs. On the 27th October, 1965, the defendant purchased and commenced selling a supply of Golden motor fuel from a company other than the plaintiffs. On the 29th October, 1965, the plaintiffs applied for, and obtained, an interim injunction restraining the defendant by himself and his servants and agents from taking or receiving Golden motor fuels or any motor fuels other than Esso motor fuels, at the said station. This injunction was effective up to the 3rd November, 1965. On the 29th October, 1965, the plaintiffs served notice of motion seeking an interlocutory injunction restraining the defendant from taking or receiving supplies of Golden motor fuel at the said station in breach of the said agreement. On the 8th November, 1965, the defendant agreed with one, William Allen, to sub-let to...

To continue reading

Request your trial
20 cases
  • Irish Shell and B.P. Ltd v Ryan and Another
    • Ireland
    • High Court
    • 13 July 1966
    ...should ultimately turn out to be right. Dicta of Ó Dálaigh C.J. and Walsh J. in Esso Petroleum Company (Ireland) Ltd. v. FogartyIR [1965] I.R. 531 and of Lavery J. in Educational Co. of Ireland Ltd. v. Fitzpatrick and OthersIR [1961] I.R. 323, at pp. 336, 337, considered and applied. Iris......
  • Irish Shell Ltd v Elm Motors Ltd
    • Ireland
    • Supreme Court
    • 1 January 1984
    ...Dredging Co. Ltd. [1968] I.R. 136. 10 Shepherd Homes Ltd. v. Sandham [1971] Ch. 340. 11 Esso Petroleum Co. (Ireland) Ltd. v. Fogarty [1965] I.R. 531. 12 Yeates v. Minister for Posts and Telegraphs (High Court: 21st February, 1978). 13 Irish Shell Ltd. v. Burrell (High Court: 17th June, 1981......
  • Law Society of Ireland v Walker
    • Ireland
    • High Court
    • 21 July 2006
    ...7 SOLICITORS PRACTICE RULES RULE 8 SOLICITORS PRACTICE RULES RULE 9 SOLICITORS (AMDT) ACT 1960 S7(2) ESSO PETROLEUM CO (IRL) LTD v FOGARTY 1965 IR 531 AMERICAN CYANAMID CO v ETHICON LTD 1975 AC 396 CAMPUS OIL LTD v MIN FOR INDUSTRY (NO 2) 1983 IR 88 ARMAH v GOVT OF GHANA 1968 AC 192 1966 ......
  • Michael Hoey v Waterways Ireland
    • Ireland
    • Supreme Court
    • 28 May 2021
    ...to be decided at trial”; at 337. Llater, on the face of the judgment, this reverted to a requirement to prove a probability in Esso Petroleum Co v Fogarty [1965] IR 531, 541. This was the test adumbrated by O'Higgins CJ in Campus Oil at 107 as revolving around “whether a fair, bona fide qu......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT