The party seeking to be discharged from a contractual performance, and relying on the terms of the agreement, carries the burden of proving the facts necessary for such discharge.
Citations:
[1975] 2 LLR 240
Jurisdiction:
England and Wales
Cited by:
Cited – CEP Holdings Ltd, CEP Claddings Ltd v STENI As QBD 9-Oct-2009
The claimants asserted breach by the defendant of an exclusive distributor agreement. The defendants said that the claimants had failed, as required by the contract, to use all reasonable endeavours to promote the product.
Held: There was no . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 24 October 2022; Ref: scu.377300