CARR V. J.A. BERRIMAN PTY LTD (1953) 89 CLR 327
High Court of Australia – 5 June 1953
Berriman and Carr entered into a contract for Berriman to build a factory on Carr’s land in Sydney. The architect was Oser, who was an agent of Carr for the building contract. Carr was to level the land by 31 May and was to supply steel to Berriman for a contractor to process. The fabrication of the steel was a major part of the contract.
Carr failed to level the land in time and contracted itself with Acos to fabricate the steel. Berriman claimed there were two breaches of the contract, and terminated the contract. Carr and Berriman sued each other for the breach of the contract.
Did Carr breach the contract when he failed to level the site and contracted with Acos to fabricate the steel. Was Berriman entitled to terminate the contract after the two breaches of contract by Carr?