This article is missing information about the outcome of the appeal to the House of Lords. Please expand the article to include this information. Further details may exist on the talk page. (May 2023)
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Chappell & Co Ltd v Nestle Co Ltd | |
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Court | House of Lords |
Full case name | CHAPPELL AND COMPANY LIMITED and others v THE NESTLE COMPANY LIMITED and others |
Decided | 18 June 1959 |
Citation | [1960] AC 87 |
Transcript | UKHL 1 |
Court membership | |
Judges sitting | Viscount Simonds, Lord Reid, Lord Tucker, Lord Keith of Avonholm, Lord Somervell of Harrow |
Case opinions | |
Lord Somervell | |
Keywords | |
Consideration, adequacy, copyright |
Chappell & Co Ltd v Nestle Co Ltd [1959] UKHL 1 is an important English contract law case, where the House of Lords confirmed the traditional doctrine that consideration must be sufficient but need not be adequate.
Chappell & Co. owned the copyright to『Rockin’ Shoes』(byThe King Brothers). Nestlé was giving away records of it to people who sent in three wrappers from 6d chocolate bars, as well as 1s 6d. The Copyright Act 1956 s 8 said a 6.25% royalty needed to be paid on the ‘ordinary retail selling price’ to the owners of copyrights. Nestle said 1s 6d was the ordinary retail selling price, but Chappell & Co argued that it should be more and sought an injunction for breach of CA 1956 s 8. In this way the question arose as to whether the wrappers constituted partial consideration for the records. Mr Justice Upjohn granted an injunction, the Court of Appeal (Lords Justices Jenkins and Ormerod; Lord Justice Romer dissenting) reversed his decision, and Chappell & Co appealed.
Consideration cases
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Dyer's case (1414) 2 Hen V 5, 26 | |
Bret v JS (1600) Cro Eliz 756 | |
Pillans v Van Mierop (1765) 97 ER 1035 | |
Stilk v Myrick [1809] EWHC KB J58 | |
Shadwell v Shadwell [1860] EWHC CP J88 | |
Callisher v Bischoffsheim (1870) LR 5 QB 449 | |
Foakes v Beer [1884] UKHL 1 | |
Combe v Combe [1952] EWCA Civ 7 | |
Pao On v Lau Yiu Long [1979] UKPC 2 | |
Atlas Express Ltd v Kafco [1989] QB 833 | |
Re Selectmove Ltd [1993] EWCA Civ 8 | |