Tolhurst v. Associated Portland Cement Manufacturers (1903), A. C. 414 (Assignment, Restraint of Trade, Standing Offer-Uncertainty) FACTS: Tolhurst, owner of chalk quarries, entered into a contract for supply of chalk to an Imperial Co. (herein after Co.) for 50 years which was to take its supplies only from Tolhurst. It was agreed that Co. would buy…
Percept D’Markr (India) Pvt. Ltd. v. Zaheer Khan & Anr. Appeal (civil) 5573-5574 of 2004 FACTS: Defendant entered into a contract for management of his media affairs with the plaintiff company on the term that prior to the completion of first negotiation period and thereafter, plaintiff will have the ‘right of first refusal’ in regard…
M/S Gujarat Bottling Co.Ltd. & Ors. v. The Coca Cola Co. & Ors. 1995 SCC (5) 545 (Restraint of Trade, Substitution, Assignment) FACTS: GBC entered into an agreement in 1993 with Coke for grant of franchisee to prepare, bottle, sell brands of latter, but not to be concerned with the beverages of any other brand…