Jet2.com Ltd v Blackpool Airport Ltd

The obligation to use best endeavours to promote Jet2's business was sufficiently certain to be legally enforceable and required BAL to accommodate flights outside normal opening hours, subject to BAL's right to protect its own financial interests. BAL's refusal in October 2010 constituted a breach of contract.

Parties: Claimant/respondent: JET2.COM LIMITED; Defendant/appellant: BLACKPOOL AIRPORT LIMITED
Jurisdiction: England and Wales
Judgment Date: 02 April 2012
Procedural Posture: Civil Appeal / Court of Appeal Judgment
Outcome: Appeal dismissed; order below upheld.
Legal Topics: Best Endeavours Clauses, Certainty of Contractual Obligations, Estoppel by Convention, Interpretation of Commercial Contracts

Contract Law Best Endeavours Clauses Certainty of Contractual Obligations Estoppel by Convention Interpretation of Commercial Contracts

Case Brief

Summary, issues, holding and outcome

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Parties

JET2.COM LIMITED

Claimant/respondent

BLACKPOOL AIRPORT LIMITED

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

1 Whether clause 1 of the Letter Agreement imposed a legally enforceable obligation on BAL to handle Jet2's flights outside normal opening hours
2 Whether the obligation to use best endeavours is too uncertain to be enforceable
3 Whether BAL was estopped by convention from denying Jet2's right to operate outside normal hours

Ratio Decidendi

Court Disposition

Appeal dismissed; order below upheld.

Orders

BAL found in breach of contract for refusing to handle Jet2 flights outside normal opening hours.
No declaration granted defining scope of BAL's obligation for the remaining contract period.