The parties had contracted for the delivery and lease of a passenger airplane. It was delivered with defects, and the airline went into liquidation. The court was asked whether a claim for damages for defective delivery survives execution by the parties of the Certificate of Acceptance.
Held: The finance company’s claim succeeded. Though the final certificate was not conclusive proof of its condition, it did create an estoppel against the airline which was effective in this case.
Judges:
Teare J
Citations:
[2012] EWHC 1070 (Comm)
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Olympic Airlines Sa v ACG Acquisition XX Llc CA 17-Apr-2013
The parties disputed their mutual obligations under aircraft leasing agreements. The insolvent airline said that in signing to accept the condition of the aircraft on delivery, it had not created an estoppel against itself when the aircraft later . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 06 August 2022; Ref: scu.457623