Bradbury v Morgan (1862)
Court: Court of Exchequer
Facts: Leigh asked Bradbury (B) to extend credit to his brother, guaranteeing up to £100 of his brother's debt. Bradbury supplied goods on credit based on this guarantee. Leigh passed away unexpectedly, but Bradbury continued supplying goods without knowledge of Leigh's death. Morgan (M), as Leigh's executor, refused to pay for the goods supplied after Leigh’s death, arguing that Leigh's death meant that no debt incurred after the death could be enforced.
Issue:
Was the arrangement between Leigh and Bradbury a contract or merely a request that ceased upon Leigh's death?
Did Leigh’s death automatically terminate the contract, or was notice of death required to end contractual obligations?
Held: The court ruled in favor of Bradbury, determining that the agreement constituted a binding contract rather than a mere request. The court emphasized that a contract does not automatically terminate upon the death of one of the parties unless proper notice of the death is given. Since Bradbury was unaware of Leigh’s death and no notice was provided to terminate the contract, Morgan, as the executor, was liable for the payment of goods supplied after Leigh’s passing.
Key Judicial Statement: Pollock CB noted, “No doubt, if this were merely an implied contract which arose from a request, it would be revoked by the death of either party. Blades v. Free is an authority that a request is revoked, but a contract is not put an end to by death. The language here used, ‘I request you will give credit,’ is a mere mode of civil expression, and the party using it never meant to request in that sense which Mr. Brown has suggested.”
💡Leveluplaw: This case clarifies that a contract, once formed, continues despite the death of a party unless the other party is notified of the death and given an opportunity to terminate the agreement. It highlights the need for effective communication to end contractual obligations and distinguishes between contracts and mere requests, affirming that the latter are revoked by death while contracts endure.