Date and Time: Wednesday, 1 February 2023 5:33:00PM IST

Job Number: 189245159

Document (1)

1. Slade v Metrodent Ltd

Client/Matter: -None-
Search Terms: slade v metrodent ltd
Search Type: Natural Language
Narrowed by:
Content Type Narrowed by
UK Cases -None-

| About LexisNexis | Privacy Policy | Terms & Conditions | Copyright © 2023 LexisNexis
 Slade v Metrodent Ltd
[1953] 2 QB 112, [1953] 2 All ER 336, [1953] 2 WLR 1202, 97 Sol Jo 389

Court: Queen's Bench Division between the parties should be referred to arbitration by
the National Joint Council for the Craft of Dental
Judgment Date: 11/05/1953 Technicians. On 2 February 1953, the plaintiff issued a
writ claiming damages from defendants for breach of
their obligations under the indenture, alleging that they
Catchwords & Digest had failed or neglected to teach or instruct him in the
craft and had repudiated their obligations. On an
application by defendants to stay the proceedings under
Arbitration Act 1950 (c 27) s 4: Held an infant, even
EMPLOYMENT - CONTRACT OF EMPLOYMENT - during infancy, was bound by any contract which the
EMPLOYMENT UNDER CONTRACT - CATEGORIES court considered was for his benefit as a whole; an
OF WORKER - APPRENTICESHIP - CONTRACTS BY apprenticeship deed containing an arbitration clause
MINORS - WHEN BINDING - AS BEING FOR might be beneficial to an infant; in any event, the
INFANT’S BENEFIT present deed as a whole was for the benefit of the
infant, and, even assuming that the arbitration clause
INFANTS, CHILDREN AND YOUNG PERSONS -
was not for his benefit, it was not open to him to treat
LEGAL CAPACITY - CONTRACT, TORT AND CRIME
the arbitration clause as an independent agreement;
- CONTRACT - BINDING CONTRACTS - GENERAL
and, consequently, the proceedings under the writ must
RULE — BINDING WHEN FOR INFANT’S BENEFIT
be stayed.
By an indenture dated 31 August 1949, plaintiff,
an infant, bound himself as apprentice to defendants for
five years to learn the craft of dental mechanics. Cases considered by this case
Contained in the indenture was a clause whereby it was
agreed that any questions or differences arising
between the parties should be referred to arbitration by Go to table1
the National Joint Council for the Craft of Dental
Technicians. On 2 February 1953, plaintiff issued a writ
claiming damages from defendants for breach of their
obligations under the indenture, alleging that they had
failed or neglected to teach or instruct him in the craft
and had repudiated their obligations. On an application
by defendants to stay the proceedings under Arbitration
Act 1950 (c 27) s 4: Held an infant, even during infancy,
was bound by any contract which the court considered
was for his benefit as a whole; an apprenticeship deed
containing an arbitration clause might be beneficial to an
infant; in any event, the present deed as a whole was
for the benefit of the infant, and, even assuming that the
arbitration clause was not for his benefit, it was not open
to him to treat the arbitration clause as an independent
agreement and, consequently, the proceedings under
the writ must be stayed.

By an indenture dated 31 August 1949, plaintiff,

an infant, bound himself as apprentice to defendants for
five years to learn the craft of dental mechanics.
Contained in the indenture was a clause whereby it was
agreed that any questions or differences arising
 Page 2 of 2
Slade v Metrodent Ltd

Table1 (Return to related document text)

Clements v London and North Western Rly Co 15/06/1894

CA

[1894] 2 QB 482, 70 LT 896, [1891-94] All ER Rep Ext 1461

Considered

Wood v Fenwick 08/06/1842

ExCh

Considered

Table1 (Return to related document text)

End of Document