Cases - Scrivener v Pask

Record details

Name

Scrivener v Pask

Date

(1865)

Citation

L.R. CP 715

Keywords

Contract administration

Summary

The claimant was a builder who had tendered for the building of the defendant's house based upon quantities and tender documents warranted as accurate by the defendant's architect. It turned out that the quantities were incorrect and the claimant spent much more than he anticipated in his tender.

The court held that there was no evidence that the architect had acted as the defendant's agent, and the defendant had not guaranteed the accuracy of the bill of quantities. In the circumstances, the builder was bound by his tender price and could not recover the overspend from the defendant employer.