||All England Reporter
|| All ER (D) 73 (Jun)
|| EWHC 1252 (Comm)
||Queen's Bench Division, Commercial Court
||Lawrence Akka (instructed by Holman, Fenwick and Wilan) for the claimant.
||Henry Byam-Cook (instructed by Mays Brown) for the defendant.
||6 June 2008
Contract - Repudiation - Acceptance of repudiation - Parties entering contract for sale of goods - Claimant sending email to defendant prior to expiry of relevant shipment period in respect of non-shipment of goods - Defendant treating email as notice of termination and repudiatory breach of contract - Claimant unsuccessfully seeking damages for breach of contract - Whether claimant's action amounting to repudiatory breach of contract.
When an act had been done which was said to be a repudiation of a contract, it was necessary to ask what, objectively, was the intention of the party who had carried out that act. Whether it was (objectively) that party's intention to abandon or repudiate the contract or not was a question of fact, to be determined by the fact finding tribunal from all the relevant evidence available. In the instant case, given the findings of fact, based upon the evidence, the GAFTA Appeal Board had been bound to conclude, inter alia, that the claimant had been in repudiatory breach of the contract in question, with the effect that the appeal had been correctly dismissed.
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