In Schuler v Wickman Machine Tool Sales [1974] AC 235, Wickman was given sole distribution rights in the UK of Schuler's panel presses for a period of four and a half years. Clause 7(b) of the agreement provided that: 'It shall be a condition of this agreement that (i) [Wickman] shall send its representatives to visit [the six largest UK motor manufacturers] at least once in every week for the purpose of soliciting orders for panel presses ... ' Wickman's representatives failed to make a number of these visits and Schuler claimed that this failure was a breach of condition under clause 7(b) and, as such, was a material breach, as defined under clause 11(a) of the agreement, which entitled Schuler to terminate the agreement. It was held by the House of Lords that clause 7(b) was not a condition as [...].
Answer
the parties could not have intended that a single breach, however trivial, would entitle the innocent party to terminate the contract
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Question
In Schuler v Wickman Machine Tool Sales [1974] AC 235, Wickman was given sole distribution rights in the UK of Schuler's panel presses for a period of four and a half years. Clause 7(b) of the agreement provided that: 'It shall be a condition of this agreement that (i) [Wickman] shall send its representatives to visit [the six largest UK motor manufacturers] at least once in every week for the purpose of soliciting orders for panel presses ... ' Wickman's representatives failed to make a number of these visits and Schuler claimed that this failure was a breach of condition under clause 7(b) and, as such, was a material breach, as defined under clause 11(a) of the agreement, which entitled Schuler to terminate the agreement. It was held by the House of Lords that clause 7(b) was not a condition as [...].
Answer
?
Tags
#contract #law #terms
Question
In Schuler v Wickman Machine Tool Sales [1974] AC 235, Wickman was given sole distribution rights in the UK of Schuler's panel presses for a period of four and a half years. Clause 7(b) of the agreement provided that: 'It shall be a condition of this agreement that (i) [Wickman] shall send its representatives to visit [the six largest UK motor manufacturers] at least once in every week for the purpose of soliciting orders for panel presses ... ' Wickman's representatives failed to make a number of these visits and Schuler claimed that this failure was a breach of condition under clause 7(b) and, as such, was a material breach, as defined under clause 11(a) of the agreement, which entitled Schuler to terminate the agreement. It was held by the House of Lords that clause 7(b) was not a condition as [...].
Answer
the parties could not have intended that a single breach, however trivial, would entitle the innocent party to terminate the contract
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Open it h of condition under clause 7(b) and, as such, was a material breach, as defined under clause 11(a) of the agreement, which entitled Schuler to terminate the agreement. It was held by the House of Lords that clause 7(b) was not a condition as <span>the parties could not have intended that a single breach, however trivial, would entitle the innocent party to terminate the contract.<span><body><html>
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