Fast Cars and Future Goods
Hughes v Pendragon Sabre Ltd (t/a Porsche Centre Bolton)  EWCA Civ 18
A contract to buy a limited edition Porsche from a seller which was yet to acquire
the car, and which failed stipulate a price, specification or delivery date, was held to be a valid contract under the Sale of Goods Act in this Court of Appeal case.
Mr Hughes, a self-described Porsche enthusiast, placed a £10,000 deposit with the seller to buy an extremely limited edition Porsche 911. As was known to the parties, there was no guarantee that the seller would be able to obtain the car. Nonetheless the parties signed an order form for the vehicle subject to the seller’s terms and conditions, with price, specification and delivery date filled out with dummy data, because it was not possible to know those details at the time. Clause 2 of the terms and conditions stated that the seller was
not obliged to fulfil orders in the sequence they were received.
A few days later, one of the seller’s sales executives emailed Mr Hughes confirming payment of the deposit for the car, and giving an assurance that Mr Hughes would get the first of any special edition Porsches allocated to the seller. On multiple occasions thereafter Mr Hughes contact the seller asking about the progress of the order, and was told they had not been allocated any of the cars. In fact one had obtained, but the seller had supplied it to another customer.
Mr Hughes sued the seller for specific performance (later abandoned), or damages for breach of contract in the sum of the current value less the list price which he would have paid. At first instance the district judge held that the order form was merely an "agreement to agree", and that in