Breach of share sale agreement.
Morritt LJ, Buxton LJ
 EWCA Civ 2802,  CLC 189
England and Wales
Cited – Continental Illinois National Bank and Trust Company of Chicago v John Paul Papanicolaou (The Fedora) CA 1986
The court considered the effect of a guarantee clause.
Held: The provisions of the guarantee went to timing and cash flow rather than liability. A term excluding a right of set-off is not to be treated in the same way as an exclusion clause. . .
Cited – Coca-Cola Financial Corporation v Finsat International Ltd and Others CA 1-May-1996
Party may contract out of right of set-off. Issue justiciable under Order 14. . .
Cited – BOC Group Plc v Centeon Llc and Centeon Bio-Services Inc CA 29-Apr-1999
The court was asked whether a clause in a share sale agreement setting out the payment obligation worked to preclude the purchaser from exercising a right of set-off when the time comes to pay a later instalment of the price.
Held: The appeal . .
Cited – Barclays Bank Plc v Kufner ComC 10-Oct-2008
The bank sought summary judgment under a guarantee to secure a loan to purchase a luxury yacht which was to be hired out in business. The loan had been charged against the yacht, but when the yacht was re-registered, the bank failed to re-establish . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 June 2022; Ref: scu.143201