Facts: Mitras had agreed to be Adam Opel’s sole supplier in the United Kingdom of bumper mounts for a particular model of van that Adam Opel manufactured. Adam Opel gave notice to Mitras that the contract would be terminated. Mitras then threatened to suspend supplies immediately unless it was paid compensation, comprising an increased price for each bumper, payment of certain development costs incurred by Mitras and the reversal of price concessions agreed at the start of the contract. Eventually Adam Opel agreed to Mitras’s terms in order to ensure continued supply. Once the final bumper had been supplied, Adam Opel claimed recovery of the monies paid to Mitras under the compensation agreement. Opel submitted that the agreement was unenforceable because it had been made under duress and because there had been no consideration for it. Mitras argued that its claim to compensation was made in good faith, being based on a genuine belief that it was entitled to it. Judgment was given for Adam Opel. The agreement had been made under economic duress.
Answer
Adam Opel GmbH v Mitras Automotive (UK) Ltd Costs [2007] EWHC 3481 (QB)
Tags
#consideration #contract
Question
Facts: Mitras had agreed to be Adam Opel’s sole supplier in the United Kingdom of bumper mounts for a particular model of van that Adam Opel manufactured. Adam Opel gave notice to Mitras that the contract would be terminated. Mitras then threatened to suspend supplies immediately unless it was paid compensation, comprising an increased price for each bumper, payment of certain development costs incurred by Mitras and the reversal of price concessions agreed at the start of the contract. Eventually Adam Opel agreed to Mitras’s terms in order to ensure continued supply. Once the final bumper had been supplied, Adam Opel claimed recovery of the monies paid to Mitras under the compensation agreement. Opel submitted that the agreement was unenforceable because it had been made under duress and because there had been no consideration for it. Mitras argued that its claim to compensation was made in good faith, being based on a genuine belief that it was entitled to it. Judgment was given for Adam Opel. The agreement had been made under economic duress.
Answer
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Tags
#consideration #contract
Question
Facts: Mitras had agreed to be Adam Opel’s sole supplier in the United Kingdom of bumper mounts for a particular model of van that Adam Opel manufactured. Adam Opel gave notice to Mitras that the contract would be terminated. Mitras then threatened to suspend supplies immediately unless it was paid compensation, comprising an increased price for each bumper, payment of certain development costs incurred by Mitras and the reversal of price concessions agreed at the start of the contract. Eventually Adam Opel agreed to Mitras’s terms in order to ensure continued supply. Once the final bumper had been supplied, Adam Opel claimed recovery of the monies paid to Mitras under the compensation agreement. Opel submitted that the agreement was unenforceable because it had been made under duress and because there had been no consideration for it. Mitras argued that its claim to compensation was made in good faith, being based on a genuine belief that it was entitled to it. Judgment was given for Adam Opel. The agreement had been made under economic duress.
Answer
Adam Opel GmbH v Mitras Automotive (UK) Ltd Costs [2007] EWHC 3481 (QB)
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Open it Adam Opel GmbH v Mitras Automotive (UK) Ltd Costs [2007] EWHC 3481 (QB)
Facts: Mitras had agreed to be Adam Opel’s sole supplier in the United Kingdom of bumper mounts for a particular model of van that Adam Opel manufactured. Adam Opel gave notice to Mitras
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