Cases - Thorn v London Corp

Record details

Name

Thorn v London Corp

Date

(1876)

Citation

1 App Cas 120

Keywords

Contract - plans and specifications stated as 'believed to be correct' but not guaranteed - inaccurate plans and specifications - variations - implied terms as to warranty - whether the contractor was entitled to a variation for his loss of time and labour due to the inaccurate plans and specifications - whether a term was implied as to the warranty of the plans and specifications

Summary

The claimant contracted with the defendant to take down the old Blackfriars Bridge and build a new one, having been supplied with plans and a specification. The descriptions were stated as 'believed to be correct', but were not guaranteed. The plan required the use of caissons, but once put in, it was found that these were of no use. The claimant sought compensation by way of a variation clause for his loss of time and labour caused by the failure of the caissons. It was held that no warranty as to the accuracy of the information was intended or implied, and that 'if there is no express warranty, your Lordships cannot imply a warranty, unless from the circumstances of the work some warranty must have been necessary, which clearly is not the case here.' Therefore it was down to the claimant contractor to take precautions, whether by express warranty or by independent investigations, to protect itself from any loss.