Bou-Simon v BGC Brokers LP [2018] EWCA Civ 1525 (05 July 2018)

Bou-Simon v BGC Brokers LP [2018] EWCA Civ 1525 (05 July 2018)

The term requiring repayment of the loan if the appellant failed to remain in employment for four years should not be implied, as it was neither necessary for business efficacy nor so obvious as to go without saying, and the contract as drafted was commercially coherent without such a term.

Citation
[2018] EWCA Civ 1525
Parties
Appellant/defendant: Robert Bou-Simon; Respondent/claimant: BGC Brokers LP
Jurisdiction
England and Wales
Judgment Date
05 July 2018
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Implied Terms, Interpretation of Contracts, Commercial Contracts
Contract Law Implied Terms Interpretation of Contracts Commercial Contracts

Case Brief

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Parties

Robert Bou-Simon

Appellant/defendant

BGC Brokers LP

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether a term should be implied into the agreement requiring repayment of monies if the appellant failed to remain in employment for four years

Ratio Decidendi

The term requiring repayment of the loan if the appellant failed to remain in employment for four years should not be implied, as it was neither necessary for business efficacy nor so obvious as to go without saying, and the contract as drafted was commercially coherent without such a term.

Court Disposition

Appeal allowed

Orders

  • Order of Judge Curran dated 26 May 2017 quashed
  • Judgment entered for the Appellant/Defendant