Total Gas Marketing Limited v Arco British Limited; Atlantic Richfield Oil and Gas (St James) Limited and Talisman North Sea Limited: CA 16 Dec 1997

The court was asked whether a condition to which a contract for the sale and purchase of North Sea gas was expressed to be subject, but for whose fulfilment no time was fixed, had necessarily to be fulfilled before the date fixed for the first delivery of the gas. The condition was that the seller should become party to an ‘allocation agreement’, being an agreement with third parties without which it was impracticable for the gas to be delivered.

Citations:

[1997] EWCA Civ 3016

Jurisdiction:

England and Wales

Contract

Updated: 13 November 2022; Ref: scu.143415