The plaintiff sought to make the defendants responsible for breach of contract for the sale and purchase of Russion softwood timber. The plaintiff said that the defendants had repudiated the contract. The defendants said that it had been cancelled by mutual consent.
Held: The court may imply terms into a contract based on the previous business dealings of the parties.
In the absence of the parties having made the necessary stipulations literally provided therein, the necessary stipulations contained in the original contract may be therein implied, in order to prevent the sterile result of avoidance for uncertainty.
Lord Tomlin, Lord Warrington of Clyffe, Lord Thankerton, Lord Macmillan, Lord Wright
[1932] All ER 494, (1932) 147 LT 503, [1932] UKHL 2, [1932] 43 LI LR 359
Bailii
England and Wales
Cited by:
Cited – F L Schuler AG v Wickman Machine Tools Sales Limited HL 4-Apr-1973
The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship.
Held: The court can not take into account the post-contractual conduct or . .
Cited – F L Schuler AG v Wickman Machine Tools Sales Limited HL 4-Apr-1973
The parties entered an agreement to distribute and sell goods in the UK. They disagreed as to the meaning of a term governing the termination of the distributorship.
Held: The court can not take into account the post-contractual conduct or . .
Lists of cited by and citing cases may be incomplete.
Contract
Leading Case
Updated: 31 October 2021; Ref: scu.248484