Bou-Simon v BGC Brokers LP

Bou-Simon v BGC Brokers LP

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

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 to Court of Appeal
Outcome
Appeal allowed; claim dismissed.
Legal Topics
Implied Terms, Interpretation of Contracts, Loan Agreements
Contract Law Implied Terms Interpretation of Contracts Loan Agreements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Robert Bou-Simon

Appellant/defendant

BGC Brokers LP

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether a term should be implied into the agreement requiring repayment of a loan if the appellant failed to remain in employment for four years
  2. 2 Whether the judge applied the correct legal test for implication of contractual terms

Ratio Decidendi

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

Court Disposition

Appeal allowed; claim dismissed.

Orders

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