Comment and analysis by Reed Smith lawyers on the latest developments in the shipping industry
In Robert Bou-Simon v. BGC Brokers LP [2018] EWCA Civ 1525, the Court of Appeal considered deleted provisions and implied terms. Although in the context of an employment contract, the decision obviously has wider application.
The Court held that the judge at first instance had not properly applied the legal test for the implication of…
In Proton Energy Group SA v Orlen Lietuva [2013] EWHC 2872 (Comm), the court was required to decide whether a binding contract had been agreed between the parties. If a contract had been agreed, the court was required to decide whether it contained an implied condition precedent that it would only be binding if the…
In Dalmare SpA v Union Maritime Ltd (The “Union Power”), the court was required to decide whether a term as to satisfactory quality was to be implied into an MOA on the Norwegian Saleform 1993.
The MOA provided at clause 11 that the vessel was to be “delivered and taken over as she was…
