The parties had contracted to allow an exclusive right to deliver oil by tanker and to sell into Macedonia. The defendants claimed they were overborn, and claimed exemption under a force majeure clause.
Held: The acts which had made the contracts apparently impossible to be complied with were themselves not entirely outside the control of the defendants.
Judges:
Longmore, Arden LJJ
Citations:
[2003] EWCA Civ 1031, [2003] 2 All ER (Comm) 640, [2003] 2 Lloyd’s Rep 635
Links:
Jurisdiction:
England and Wales
Citing:
Cited – George Avery v Samuel Wilson Bowden 26-Nov-1855
The parties agreed a charterparty involving the ship arriving at a port and taking 45 days to unload and load up before leaving. The defendant ordered the boat to leave early and without the cargo. He pleaded that, war having been declared between . .
Cited – Czarnikow Ltd v Centrala Handlu Zagranicznego Rolimpex HL 1979
The sellers (Rolimpex), a state trading organisation, tried to rely on the actions of their own government as a defence to claims for non-performance of commercial contracts.
Held: The sellers were not an organ or department of the Polish . .
Cited – Stephens v Avery ChD 1988
The parties had been friends and had discussed their sex lives. The defendant took the information to a newspaper and its editor, the second and subsequent defendants who published it. The plaintiff sought damages saying the conversations and . .
Cited – Czarnikow Ltd v Centrala Handlu Zagranicznego Rolimpex HL 1979
The sellers (Rolimpex), a state trading organisation, tried to rely on the actions of their own government as a defence to claims for non-performance of commercial contracts.
Held: The sellers were not an organ or department of the Polish . .
Cited – Stephens v Avery ChD 1988
The parties had been friends and had discussed their sex lives. The defendant took the information to a newspaper and its editor, the second and subsequent defendants who published it. The plaintiff sought damages saying the conversations and . .
Cited by:
Cited – Dresdner Kleinwort Ltd and Another v Attrill and Others CA 26-Apr-2013
The bank appealed against judgment against it on claims by former senior employees for contractual discretionary bonuses.
Held: The appeal failed. The bank’s unilateral promise made within the context of an existing employment relationship to . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 07 June 2022; Ref: scu.184619