The respondent had purchased a substantial machine. It broke down, and they sought repairs under a claimed warranty. Spares were provided, but against an undertaking to pay for them. When the spares were not paid for the ship was arrested, and released on an undertaking, The undertaking provided for English law to apply, but said nothing about the main dispute. Under Japanese law, there would be no set off.
Held: The undertaking clearly applied English law to the undertaking, but there was no clear choice of English Law for the claim on which a set off would be based.
Judges:
Lord Justice Mance, Lord Justice Potter, Sir Martin Nourse
Citations:
[2001] EWCA Civ 1162
Links:
Statutes:
Contracts (Applicable Law) Act 1990
Jurisdiction:
England and Wales
Citing:
Cited – Meridien BIAO v Bank of New York 1997
. .
Lists of cited by and citing cases may be incomplete.
Contract, Jurisdiction
Updated: 01 June 2022; Ref: scu.159928
