Claims of Bad Faith to go to Trial
The Court of Appeal of Jersey has just handed down its judgement in which it has allowed the appeal of HRCKY Ltd against the summary dismissal of its claim against Hard Rock Ltd and Hard Rock Cafe International.
The Court of Appeal was presided over by William Bailhache, Bailiff with fellow judges John Martin QC & Robert Martin QC.
The Court of Appeal held that the Appellant (HRCKY Ltd) had been driven from the judgment seat without all the evidence having been produced to the Court. The Court of Appeal further provided elaboration as to the applicable principles of erreur and dol; accepting also the role of good faith pre and post contract, a breach of which might amount to dol.
The Court further explained why previous authorities that apply principles of misrepresentation drawn from English law may be unreliable.
The Court also discusses how an “entire contract” clause could be undermined in appropriate circumstances (as alleged in this case. )
The Court of Appeal has emphasized the need for the issues in this case to go to trial.
Advocate Timothy Hanson commented “This is an immensely important case for the future direction of Jersey’s contract law that may further assist any future codification or restatement. I have found it a privilege to have been involved.”
The judgment is published at the following link:
https://www.jerseylaw.je/judgments/unreported/Pages/[2019]JCA123.aspx