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Pleading – Counterclaim. Negotiations took place concerning the financial future of Coventry City Football Club. The negotiations broke down, and the claimant trustees commenced proceedings. The defendant company counterclaimed, submitting that it had been an implied term of an agreement between the parties that the negotiations would be conducted in good faith, and that the trustees would not do anything to impede the performance of certain conditions precedent. The Mercantile Court held that there was no justification for reading into the contract the elements sought by the defendant, and the counterclaim would be dismissed.
Pleading – Counterclaim. Negotiations took place concerning the financial future of Coventry City Football Club. The negotiations broke down, and the claimant trustees commenced proceedings. The defendant company counterclaimed, submitting that it had been an implied term of an agreement between the parties that the negotiations would be conducted in good faith, and that the trustees would not do anything to impede the performance of certain conditions precedent. The Mercantile Court held that there was no justification for reading into the contract the elements sought by the defendant, and the counterclaim would be dismissed.
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