By a contract, a party accepted an obligation not to contact persons in a certain country. When a breach was alleged, the question arose as to in which jurisdiction the breach had occurred. It was held that the obligation was a negative obligation and although it appeared to fall upon the person who agreed to it, in fact any breach would occur in the country where the person contacted was situated. The result of this was that although the defendant lived in Germany, the place of effective or characteristic performance was in the UK, and it was under the convention more closely lined to the UK and could be tried here. The proviso in the later subsection applied.
England and Wales
Appeal from – Kenburn Waste Management Ltd v Bergmann CA 30-Jan-2002
The claimant had failed to obtain an order under a compromise agreement ordering that a foreign resident was not to be contacted.
Held: The place of performance of an obligation not to contact somebody under the Convention was the place of . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 June 2022; Ref: scu.82729