Case Name: J Evans & Son (Portsmouth) Ltd v Andrea Merzario Ltd
Citation: [1976] 1 WLR 1078; [1976] 2 All ER 930 (Court of Appeal)
Here is a quick summary of the case.
Evans, UK importer of an Italian machine, hired Merzario as forwarding agents.
Historically, crates were shipped under deck to avoid rust.
Merzario proposed using containers and orally assured Evans the containers would also be stowed under deck to prevent rusting. This assurance induced them to agree to container transport.
No written term reflected the promise. However, one container was instead shipped on deck and lost at sea.
The main legal issue that arose – Was there a binding collateral contract based on the oral assurance?
Could Merzario rely on the exemption clauses in their standard written terms to avoid liability? The standard terms in the written contract didn’t require under‑deck carriage and had an exemption clause (stating “at the shipper’s risk”).
The Court of Appeal decided in favor of Evans.
The Court held that Merzario’s assurance was intentional, induced Evans to agree, and was therefore binding despite not being in writing.
Further, Merzario could not rely on exemption clauses to avoid liability because these were repugnant to the oral promise. They would render the oral promise illusory.
Thus, Merzario broke the collateral contract by shipping the container on deck, and could not hide behind the standard exemption terms. Evans’ appeal succeeded.
Significance: J Evans and Son v Andrea
This case highlights that oral promises made to induce contractual action can be binding—even if an original written contract exists. Also, oral assurances can negate written terms (e.g. non-liability for loss) if they would render such assurances meaningless.
List of references:
- https://www.projectsassociates.com/post/challenges-of-parol-evidence-in-construction-contracts-benefits-and-failures
- https://charterpartycases.com/case/90-j-evans-son-portsmouth-ltd-v-andrea-merzario-ltd-1976-2-all-er-930
- https://www.lawteacher.net/cases/j-evans-and-son-v-andrea.php
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Ruchi is a legal research writer with an academic background in CA, MBA (Finance), and M.Com. She specializes in digesting and summarizing complex judicial decisions into clear and structured case notes for students and legal professionals.