Conditions for using ‘Implied Terms’ for Interpretation Lord Simon in BP Refinery (Westernport) Pty Ltd vs. The Shire of Hastings [1978] 52 AJLR 20 held that- “…for a term to be implied, the following conditions (which may overlap) must be satisfied: it must be reasonable and equitable; it must be necessary to give business efficacy to the…
Antecedent Agreements A concluded antecedent agreement may be relied upon in interpreting a later contract in pursuance of that agreement. However, an antecedent agreement may be considered only on the basis of its particular facts and circumstances. Pre-Contractual Documents/Draft Agreements A concluded contract may be preceded by multiple drafts. Draft agreements may even be signed. Draft…
Find out if the words you delete from a contract has any interpretative value before the Court when such terms are is dispute.
Learn the rules for interpretation of contracts in this series. This is the first part to be followed by two other posts.
Five Principles for Interpretation of Contracts Facts There was a contract between a Norwegian and a German company for supply of 200 tonnes of haaksjoringskod. This substance could mean shark meat or whale meat. When the German company entered into the contract, the German company intended to import whale meat. However, the Norwegian company thought…
Composite Contracts and Applicability of Sales Tax: Is ‘Dominant Intention Test’ still hold good?
CASE LIST Sarl Louis Feraud International vs. Viewfinder, Inc. No. 05-5927-CV, 2007 WL 1598057, 2nd Cir.(N.Y.) Compuserve, Inc. vs. Patterson, 89 F.3d 1257 (6th Cir. 1996) [Text] Zippo Manufacturing Co. vs. Zippo Dot Com, Inc., 952 F. Supp. 1119 (W.D. Pa. 1997) [Text] Panavision International, L.P. vs. Toeppen, 141 F.3d 1316 (9th Cir. 1998), aff’g 945…
Citation: 1954 AIR 44 Facts Satyabrata (plaintiff), assignee of Bejoy Krishna Roy, sued defendant alongwith Bejoy as party defendant, for wrongfully repudiating the contract of developing the lands which were sold to the plaintiff, and asked for specific performance of the same. Defendant took the defence of frustration as the lands which needed to be developed…
Citation: AIR 1951 SC 144 Facts Plaintiffs, as agents of the defendants had stored the goods in Government godowns, requiring permit to supply them to the defendants. In the meanwhile, due to the fire in godown, the goods got burned up and plaintiffs got compensation of 50% of damage caused in respect of the goods as…
Citation: [1854] EWHC ExCh J70 Facts Plaintiff sent a broken iron shaft to the defendants, who were the common carriers, to be conveyed by them to the third party who was to make a new shaft on similar lines. The fact that the mill work was stopped and could not be continued until the shaft is…
Citation: AIR 2000 SC 2003 Facts GDA, though informed the plaintiffs about the allotment of plots to them, yet even after more than considerable time had elapsed, never conveyed the property to them. Latter approached MRTP Commission which granted them not only amount paid by them to the defendants for the possession of the plot alongwith…
Citation: 72 Ind Cas 270 Facts Plaintiff obtained a license to catch elephants from the Deputy Commissioner for two years; however, the sanction of the government was not obtained by the plaintiff till 15 days had elapsed, secondly, officers wrongfully denied to accept the prescribed royalty and transit passes were not issued to him, such…