Shell UK Ltd V Lostock Garage Ltd
   HOME

TheInfoList



OR:

''Shell UK Ltd v Lostock Garages Ltd''
976 Year 976 ( CMLXXVI) was a leap year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * January 10 – Emperor John I Tzimiskes dies at Constantinople, after re ...
1 WLR 1187 is an English contract law and
UK competition law United Kingdom competition law is affected by both British and European elements. The Competition Act 1998 and the Enterprise Act 2002 are the most important statutes for cases with a purely national dimension. However, if the effect of a business' ...
case concerning implied terms and restraint of trade.


Facts

Lostock and Shell had a written contract that Shell would supply petrol and oil to Lostock, in return for Lostock buying its goods from Shell exclusively. In a price war, Shell reduced its petrol prices for some nearby petrol stations. Customers went there, and Lostock had no choice but to trade at a loss. Lostock sought another supplier and Shell sued Lostock for breach of contract.


Judgment

The Court of Appeal, by a majority, held that no term could be implied that Shell should not "abnormally discriminate" against Lostock. It was held that Shell would not have agreed to the termsee also, '' The Good Luck'' 9892 Lloyd's Rep 238, 273 and '' The Gudermes''
993 Year 993 ( CMXCIII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Spring – The 12-year-old King Otto III gives the Sword of Saints Cosmas and Damian ...
1 Lloyd's Rep 311, 323
and that the implied term would be too vague.


Notes

United Kingdom competition law English implied terms case law Lord Denning cases 1976 in United Kingdom case law Court of Appeal (England and Wales) cases Shell plc {{UK-law-stub