Mayfly Containers Ltd (In Liquidation) and others v Monument Containers Ltd

Commercial contract – Breach of contract – Construction – Express term – Implied term. Court of Session: In an action in which a company and its joint liquidators sought damages from another company for breach of contract and the defender challenged the relevancy of the pursuers' averments, the court held that the contract did not contain an express term obliging the defender to place orders for at least approximately 50% of the minimum tonnage during the first half of each year, nor was it necessary or otherwise appropriate that such a term should be implied, however the pursuers' secondary case offering to prove that the defender did not purchase the minimum tonnage during year two of the contract was suitable for inquiry.

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