Tappenden v. Artus

3 All E.R. 213 (1963)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
T
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Tappenden v. Artus

England and Wales Court of Appeal
3 All E.R. 213 (1963)

  • Written by Melanie Moultry, JD

Facts

Anthony A. Tappenden (plaintiff), a car dealer, entered into an installment contract with William Artus for the purchase of a van. Tappenden allowed Artus to take possession of the van prior to Artus’s payment of the full purchase price. The van suffered a breakdown, and Artus arranged for its repair by Rayleigh Garage Ltd. (Rayleigh) (defendant). Rayleigh’s mechanics did not know that Artus was not the van’s owner. Artus failed to pay Rayleigh for the repairs. Shortly after the van’s breakdown, Tappenden withdrew his permission for Artus’s possession of the van. Tappenden located the van and demanded that Rayleigh return it. Rayleigh claimed a mechanic’s lien and refused to return the van until its receipt of payment for the repairs. Tappenden sued Artus and Rayleigh in Southend County Court for the van’s return and for damages. Tappenden asserted that he had not authorized the van’s repair and that he should have made any necessary repairs, because he was a mechanic. Rayleigh counterclaimed for a declaration that it had a mechanic’s lien on the van. The judge dismissed Rayleigh’s counterclaim, entered judgment for Tappenden, and ordered Rayleigh to return the van. Rayleigh appealed.

Rule of Law

Issue

Holding and Reasoning (Diplock, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 805,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 805,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 805,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Property

Key Terms