Gesner Investments Ltd v Bombardier Inc: CA 11 Oct 2011

‘This appeal concerns a short but knotty point of construction concerning the termination provisions of a contract for the construction and purchase of an aircraft. The issue is whether, after 90 days of non-excusable delay in tendering the aircraft for inspection and delivery, the buyer was entitled to terminate the contract forthwith, under clause 8.4, or could only do so by first serving a written notice under clause 9.2 specifying the default or breach and granting the seller the opportunity to remedy it.’

Judges:

Lord Justice Rix

Citations:

[2011] EWCA Civ 1118

Links:

Bailii

Jurisdiction:

England and Wales

Contract

Updated: 12 May 2022; Ref: scu.445283