Hickman v Kent or Romney Marsh Sheepbreeders' Association

Facts

The articles provided for disputes between the association and its members to go to arbitration. Hickman, a member, sued the association in court over his expulsion.

Issue

Was Hickman bound by the arbitration clause in the articles?

Held

Yes. The articles formed a contract between the association and its members in their capacity as members, so the action was stayed.

Principle

The articles are a contract between the company and each member, in his capacity as member.

Why it matters

It is the leading case on the statutory contract, now in section 37.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.