Brief of Bannerman v White

Brief of Bannerman v White by Legum

Bannerman v White (1861) 10 CB NS 844:

Material Facts:

In a contract for the purchase of hops, Bannerman expressed that he only intends to acquire hops that are not treated with sulphur since it is only possible to produce usable beer with untreated hops. The defendant, the seller of the hops, gave assurance to Bannerman that he would be supplied with untreated hops. The defendant later supplied hops that had received sulphur treatment and the claimant contended that the defendant was in breach of contract since the representation on providing non-treated hops was a term of the contract.

Issue:

  1. Whether or not the defendant’s assurance of providing hops untreated with sulphur was a mere representation or a term of the contract.

Holding:

  1. That the defendant’s assurance to provide hops untreated with sulphur was a term of the contract.

Ratio Decidendi:

The court held that since the claimant had communicated how significant it is for him to purchase hops not treated with sulphur, obtaining such hops was an integral part of the contract and the failure of the defendant to provide hops not treated with sulphur constituted a breach of contract.

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