Cases - Feather v Keighley

Record details

Name

Feather v Keighley

Date

(1953)

Citation

53 LGR 30

Keywords

Contract - requirement not to subcontract works without prior consent - contract provided that if subcontract without consent, the employer could terminate of levy damages - where the contractor subcontracted works without consent, whether he was entitled to determine pursuant to the contract and claim the cost of replacing the contractor - whether subcontracting the works without consent was a repudiatory breach

Summary

The contract included a clause by which the contractor undertook not to subcontract work without consent. The terms specifically provided that, if the term was breached, the employer could terminate the contract or levy damages in the sum of £100. The contractor did subcontract without consent and the employer terminated the contract. It was held that doing so was a breach of the contract, but not repudiatory in nature. Therefore, whilst the employer was entitled to determine pursuant to the clause, he could not also claim for the additional cost of the replacement contractor.