Ware v Johnson facts for kids

Quick facts for kids Ware v Johnson
Court	High Court of New Zealand
Full case name	Ross Graeme Ware & Shirley Judith Ware (First Plaintiffs) and Peter David Romeril Miller & Norman Owen Wells (Second Plaintiffs) v Barry Arthur Johnson and Audrey Beryl Johnson (Defendants)
Decided	16 December 1983
Citation(s)	[1984] 2 NZLR 518
Transcript(s)	High Court judgment
Court membership
Judge(s) sitting	Pritchard J

Ware v Johnson was an important court case in New Zealand from 1983. It helped explain what happens when two people make the same mistake when they agree to a contract. A contract is like a promise or agreement that can be enforced by law. This case was about a "common mistake," which means both sides in the contract believed something that turned out to be wrong. The court used a law called the Contractual Mistakes Act 1977 to decide the case.

What Happened in the Case?

The Kiwifruit Orchard Sale

The story began with Mr. Johnson, who was a builder. He also bought and sold lifestyle blocks, which are small farms, and turned them into Kiwifruit orchards. In 1979, he bought a lifestyle block and planted 1605 kiwifruit vines. A year later, in 1980, he sold this orchard to Mr. and Mrs. Ware for $365,000.

The Problem with the Vines

When the Wares bought the orchard, the kiwifruit vines looked healthy. But the next year, the vines stopped growing well. They seemed stunted, meaning they were not growing as big or strong as they should. The Wares asked several experts to look at the problem.

The Weed Spray Mystery

The experts found out that the problem was caused by a weed spray called Krovar. This spray had damaged the vines. The Wares were told they would need to pull out all the damaged vines. They also had to remove about 30 centimeters (about 12 inches) of the topsoil and then replant new vines. This would be a lot of work and cost a lot of money.

Johnson's Denial and Admission

Mr. Ware asked Mr. Johnson if he had used Krovar on the orchard. At first, Mr. Johnson said he had never used it. But later, during the court trial, he admitted that he had sprayed Krovar on about 10% of the orchard. A neighbor also told the court that Mr. Johnson had told him about using Krovar there. Because of the damage and Mr. Johnson's actions, the Wares decided to sue the Johnsons for their losses.

What the Court Decided

The Judge's Decision

The court case lasted for 23 days. The judge, Pritchard J, listened to all the evidence. The judge decided that it was more likely than not that Mr. Johnson had used the Krovar spray on the orchard. This meant Mr. Johnson was responsible for the damage to the vines.

What is a Common Mistake?

The judge explained that this case was about a "common mistake." This happens when both people in a contract believe the same wrong thing. For example, if both the buyer and seller thought the vines were healthy, but they were not, that's a common mistake. The judge said that for the law to help, both sides must have been influenced by this mistake when they made the contract.

Damages Awarded

The judge ruled that Mr. Johnson had to pay the Wares for the money they lost. The Wares were given $206,913.42 for their lost profits. However, the judge reduced this amount by $48,000. This was because the Wares still owed the Johnsons money for a mortgage on the farm.