The parties had entered into a contract for the distribution of software by the plaintiff. The contract was terminated by the plaintiff and the defendant argued that this was in breach of the agreement, and that a sub-clause which apparently gave that right had to be read in context of neighbouring clauses which suggested that it could be terminated only on an anniversary of the contract.
Held: The clauses were to be read together,
Judges:
Butler-Sloss LJ, Peter Gibson LJ, Potter LJ
Citations:
[1997] EWCA Civ 787
Jurisdiction:
England and Wales
Citing:
Cited – Torvald Klaveness A/S v Arni Maritime Corporation (The Gregos) HL 28-Oct-1994
In a continuing charter when it was clear that the time of the charter will be exceeded, the contract allows an action for an anticipatory breach. Any new redelivery order was to be obtained after after it first became impossible to meet the charter . .
Cited – The Peonia CA 1991
The ship had been returned beyond the charter date. The court was asked whether, when the vessel was sent on a legitimate last voyage but, through no fault of the charterers, was then redelivered after the final terminal date, the owners were . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 04 November 2022; Ref: scu.141183