''Sky Petroleum v VIP Petroleum'' 9741 WLR 576 is an

English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...

case, concerning the possibility of claiming specific performance of a promise after

breach of contract Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party ...

Facts

VIP Petroleum had agreed to sell Sky Petroleum all their petrol and diesel needs at fixed prices and in a minimum annual quantity. With the

1973 oil crisis The 1973 oil crisis or first oil crisis began in October 1973 when the members of the Organization of Arab Petroleum Exporting Countries (OAPEC), led by Saudi Arabia, proclaimed an oil embargo. The embargo was targeted at nations that had supp ...

leading to severe shortages, Sky had no prospect of finding an alternative supply. But VIP terminated the contract on the ground Sky had exceeded the credit provisions in the contract. Sky sought an injunction for VIP to sell the petrol, rather than just pay damages, so that it could stay in business.

Judgment

Goulding J held that while the general rule is that courts grant only damages for breach of contract to supply non-specific goods, the unusual state of the market made specific performance of supplying petrol the appropriate remedy. Damages were not adequate.

Facts

Judgment

See also