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...

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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......
  • 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 ......
  • An Post v Irish Permanent Plc
    • Ireland
    • High Court
    • 1 January 1995
    ...& BINCHY ON THE IRISH LAW OF TORT 2ED 816 EDUCATIONAL CO OF IRELAND LTD V FITZPATRICK 1961 IR 323 ESSO PETROLEUM CO (IRL) LTD V FOGARTY 1965 IR 531 KERLY ON THE LAW OF TRADEMARKS & TRADENAMES 10ED 287 MUCKROSS PARK LTD V RANDLES & DROMHALL HOTEL CO LTD UNREP BARRON 10.11.92 1993/4/1086 WORC......
  • 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......
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