Legal Take Or Pay Agreement
“That`s how I`m in the case of M-J Polymers Ltd. v. Imerys Minerals Ltd.  1 AER (Comm) 893 concluded that a “take or pay clause” could be considered a punitive clause, i.e. the concept of punishment could apply to a claim and a claim for damages (contrary to what he had previously stated in Jervis v. Harris 195). My conclusion (point 46) was that the clauses in question clearly had a commercial justification and that there was clearly a commercial justification (as I summarize in Part 25 of my E-Nik Ltd. decision). v. Department for Communities and Local Government  EWHC 3027 (Comm)) “was not an oppression, was negotiated and freely concluded between parties to comparable bargaining power and did not constitute a provision in terrorism” (see also Lancore Services Ltd. v. Barclays Bank Plc  EWHC 1264 (Ch)  1 CLC 1039 at paragraph 98 by HHJ Hodge QC]. The origin of the “expanding” of Mr. Justice Burton`s concept of sentence has been called into question.
The qualified judge said: “… the manner in which, in a more modern era, the notion of punishment, although it remains a rara opinion, has moved, at least in principle, outside the province of origin of a clause providing for an extravagant assessment of damages (liquidated). One of the developments I referred to was to expand their activity, although in the event of failure, to what was once a debt claim9… The qualified judge found that the House of Lords of White-Carter (Councils) Ltd. v. McGregor10 and his quote in Chitty on Contracts – “The Sentencing Act … is irrelevant when the applicant claims an agreed amount (a debt) owed by the defendant in return for the performance of his obligations to the applicant, “too simplistic”. Burton referred to Lord Roskill`s speech in Guaranteed Export Credits. v. Universal Oil Products Co., which stated: “The clause was not a punitive clause because it provided for the payment of the money upon the arrival of a specified event that would not be a contractual obligation of the intended payer vis-à-vis the intended beneficiary.” 11 Lord Roskill, however, summarized Slade LJ`s decision before the Court of Appeal, which, in turn, upheld Diplock LJ`s decision in the Philip Bernstein Court of Appeal (Successors) Ltd./Lydiate Textiles Ltd.12 in that case, Diplock LJ (as it was at the time) that the “prison area” was limited to the “narrow field” in which “a prior agreement of the parties regarding the payment of a violation against the other party with respect to that violation”. This is the beauty of the common law and the case law that a supplier could argue that the Sanctions Act does not apply and refer to the House of Lords of White-Carter (Councils) Ltd.
If a court finds otherwise, it is necessary to see how the liquidated damages are treated. The explanatory statement states that “rules are introduced with respect to take-pay clauses to prevent the costs arising from these clauses from being transferred to the natural gas consumers mentioned above if these costs are not borne by their suppliers.
April 15, 2021
April 15, 2021
April 15, 2021