Case David Brown and Tenneco

The place to discuss all matters relating to David Brown Tractors. You will need to register your user name before you can post. If you have already registered could you please make sure that your location details have been completed. Go to My Account in the Main Menu on the left, and then go into "Edit Your Information" and complete your location details. Give the Country (and State/Province if you wish) if outside the U.K. County if within the U.K. Location details helps other members if you need spares, technical advice, or the nearest practical help.

DISCLAIMER -

David Brown Tractor Club Ltd
Forum/website Disclaimer

1. This [forum/website/chat room] and the advice and opinions expressed herein is not a solution for mechanical, electrical, valuations, other problems, breakdowns or issues experienced in relation to the vehicles referenced.

2. If reliance is thought to be placed on any of the information guidance or input provided such information will be expressly confirmed as appropriate to be relied upon.

3. In the absence of any such confirmation no reliance should be suggested or inferred.

4. Members must not disclose information to 3rd parties in anticipation that reliance will be given by non-members.

5. Non-members must not purport to give advice on behalf of David Brown Tractor Club.

6. If you or someone you know is experiencing difficulties or repeated breakdowns you must seek assistance for an appropriately qualified expert who holds themselves out as such.

7. Any comments are free of charge and made or posted on an ex gratia basis. No member or non-member may advertise their professional services

Any user inactive for more than 3 months will automatically be deactivated, please contact admin@dbtc.co.uk if you would like to be reactivated.

Please be aware that your user name and entered location can be seen by all members. We only store information you have entered which is your email address and username, your IP is also stored, we have no access to private passwords.

If you do not agree with your information being stored, please do not register an account, If you wish to unsubscribe at any time please email admin@dbtc.co.uk giving your username.

Amended 27/10/18

Moderators: Segrie61, admin

Post Reply
John_Allen
Posts: 1894
Joined: Sat Dec 31, 2005 3:59 pm
Location: Cumbria UK

RE: Case David Brown and Tenneco

Post by John_Allen » Thu Feb 13, 2014 7:28 pm

Wikki is your friend here:

http://en.wikipedia.org/wiki/CNH_Global

Case took over International Harvester's agricultural division in the 80's, having ceased to use the "David Brown" brand name some years earlier. They attempted to take over New Holland in the 90s. However, New Holland were too quick for them and they took over Case-IH instead!

John_Allen
Posts: 1894
Joined: Sat Dec 31, 2005 3:59 pm
Location: Cumbria UK

RE: Case David Brown and Tenneco

Post by John_Allen » Thu Feb 13, 2014 9:02 pm

Obviously I don't know what your legal matters are, or the laws in Canada, but I suspect that finding someone who would take legal liability for a 38 year old machine from a firm that no longer exists, made in a factory that closed 25 years ago would be difficult!

If nothing else, I would take legal advice before pursuing any claim or attempting to prove liability and not pay too much attention to the "bar room lawyers" suggestions from a forum!

At this point, may I remind you of the site's forum front page:

http://www.dbtc.co.uk/index.php?name=PNphpBB2

Specifically:

DISCLAIMER - Please be aware that any views expressed or advice given on the Forum are purely the opinion of the relevant poster. The David Brown Tractor Club Ltd does not endorse any of the views expressed, or advice thus given. Forum Visitors should be aware that any action they may take as a result of such information is taken at their own risk.

SteveCollett
Posts: 613
Joined: Wed Sep 24, 2008 8:17 am
Location: Suffolk

RE: Case David Brown and Tenneco

Post by SteveCollett » Fri Feb 14, 2014 2:35 pm

This post is " without prejudice "
If Canadian law is similar to UK law (it had the same base once), then your first port of call is the person who sold you the tractor.
Unless you bought the tractor recently, I would suggest any chances of recourse for a fault are "slightly" slim.

But I am certain there are plenty of solicitors ( attorneys ) who would gladly take your money

The residue is probably New Holland
Certainly Tenneco took over David Brown.
Case acquired the tractor interests from Tenneco
IH acquired Case
New Holland Acquired IH
in the process however various divisions have been sold to other manufacturers

I would guess your local Solicitors will love to get their teeth into this

Guest

RE: Case David Brown and Tenneco

Post by Guest » Fri Feb 14, 2014 3:27 pm

Which ever existing and operating Company that holds the right or copyright to the David Brown name and emblem will have no legal liability at all as John has suggested in his reply. Non of us know your reasons for asking this question as you don't give us any details of why you want to know. At this moment in time we can only assume that you have either bought the tractor and it's gone terribly wrong or you've had repairs done to it that have gone terribly wrong. If you could give us details then we may be better placed to help you rather than speculating and posting up stuff that is neither accurate or relevant to the situation.

SteveCollett
Posts: 613
Joined: Wed Sep 24, 2008 8:17 am
Location: Suffolk

RE: Case David Brown and Tenneco

Post by SteveCollett » Fri Feb 14, 2014 4:05 pm

it is not inconceivable, that the OP has a claim based on Negligence, as with historic Asbestos claims, relating to his use or employment.
such claims will no doubt end with an insurer.
To make such a claim the OP will need the chain of control, as all down the line responsibility should pass, unless Bankruptcy has occurred.
Even then Insurers may have to pick up the bill in such cases.
However with such a long history I would not lay any money
I doubt that anyone would question, the same about a claim for a ford tractor from the similar period but New Holland would be equally liable I guess

Guest

RE: Case David Brown and Tenneco

Post by Guest » Fri Feb 14, 2014 5:59 pm

I think you'll find that any Company that ceases to exist under their original name, in this case David Brown Tractors Ltd, regardless of who their successors, purchasers of the Company or the Company name holders are, no legal action can be brought against them, successors of a Company will somewhere within their legal papers concerning their acquisition of another Company will have a disclaimer in not taking responsibility for that Companies products they may be selling or have sold and, as said, after nearly 30 years they'd probably laugh you out of Court, that's if you could find a Lawyer to take you on. If the claim was for new parts or products then that may be a different story. On Steve's comment on negligence the OP would have to prove beyond reasonable doubt, that he himself was not negligent and in the event of injury whilst using the machine this would be, again as Steve says, a matter for the insurance Company or, if he was working for someone using their equipment/machinery, the employers insurance. Another scenario may be that if the machine was repaired by an agricultural/engineering Company and the machine developed a fault after repair within a reasonable amount of time elapsing, due to poor workmanship or inadequate/faulty parts then it would be that repairer that would be responsible. This could go on for ever!

User avatar
saccy
Posts: 32
Joined: Tue Dec 17, 2013 9:05 pm
Location: Greenfield saddleworth

Post by saccy » Mon Feb 17, 2014 8:01 pm

May be he is looking into buy the name david brown

Guest

Post by Guest » Mon Feb 17, 2014 8:36 pm

Others have tried!

John_Allen
Posts: 1894
Joined: Sat Dec 31, 2005 3:59 pm
Location: Cumbria UK

Post by John_Allen » Mon Feb 17, 2014 11:44 pm

Somehow I suspect that the original poster is a "two post wonder" and we will never hear why he needed the information.

User avatar
richbug
Posts: 1358
Joined: Mon Mar 22, 2010 5:32 pm
Location: Pennsylvania, United States of America

Post by richbug » Tue Feb 18, 2014 12:48 am

His tone and manners tell me he was most likely a lawyer looking for someone else to name in a liability lawsuit.
Users: 780, 1210 Bottle Opener, 1494 4wd open station with 74L, 990, 1394, 1194 High Clearance, another 1394, 1194 LCG, 1290 with 56L, 900, 885 with LS8, 885, 1190

1200, 900 projects, 780,

Parts: 3800, 1200, 1394, 1412, 1490, 770, 885, 990SEL, Red 990I,

Guest

Post by Guest » Tue Feb 18, 2014 8:46 am

We'll have to give him the benefit of the doubt until such time but it has given us something else to discuss. Never be afraid to take on a big Company if you know you're in the right.

SteveCollett
Posts: 613
Joined: Wed Sep 24, 2008 8:17 am
Location: Suffolk

Post by SteveCollett » Tue Feb 18, 2014 9:15 am

I would guess he is hoping to sue somebody for back pain, sustained trying to get in a 1200 fitted with the early Q cab :)

Guest

Post by Guest » Tue Feb 18, 2014 9:21 am

Through lack of response perhaps he's broken his neck getting out again!

Post Reply

Who is online

Users browsing this forum: Google [Bot], Randellfrance and 14 guests