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Vignesh AL

Upton Rural District Council vs. Powell, 1 All Er 220

FACTS

A fire erupted on the defendant's farm, and believing he was entitled to free services from the Upton Fire Brigade, he called for their assistance. The Brigade successfully extinguished the fire. However, it was later revealed that the defendant's farm was not located within the Upton's free service zone, leading to a demand for compensation for the services provided.


ISSUES

Whether a contract had been created by implication (implied promise), under which it was entitled to be remunerated for the Upton fire brigade’s services.


JUDGMENT

The court determined that the defendant actively sought and requested the services of the Upton Fire Brigade. In response to this request, the Upton Fire Brigade provided the services. Therefore, the court concluded that the services were delivered under an implied promise to receive payment for them.

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