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Karsales (Harrow) Ltd v Wallis
''Karsales (Harrow) Ltd v Wallis'' () (EWCA Civ 4 ) is an English contract law case which established the rules of fundamental breach. The court was unanimous in the decision handed down by Denning LJ in replacing the Rule of Strict Construction, which stated that the contract was constructed to do only what it says it will do.
''Karsales'' has been controversial because it set precedent which says judges can override contracts and create a "better" contract in equity, even though both parties agreed to the original contract.
==Facts==
Mr. Wallis viewed a used Buick car that was being sold by Stinton for ₤600. Wallis found the car to be in excellent condition, and agreed that he would buy the car if Stinton would arrange financing through a hire-purchase company. Karsales (Harrow) Ltd. bought the car and sold it to Mutual Finance Ltd., which then finally lent the car to Wallis on hire-purchase terms. Wallis had not seen the vehicle since his first viewing.
About a week later, the car was left outside, late at night. The following morning, Wallis inspected the car and found it to be in a substantially different state than it was when he first saw the vehicle: the bumper was being held on by a rope, the new tires were taken off and old ones put on, the radio had been removed, the chrome strips around the body were removed, and the car would not run. Wallis refused to pay for the car since it was not in the same condition as when he agreed to make the purchase.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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