Gamit Ltd v Saudi Arabian Airlines Corp & Anor
Termination of the Engine Sub-Contract for non-payment discharged MTU from further performance obligations, including replacement of disputed parts. Purchase orders did not create independent contracts. Gamit did not acquire title to disputed parts as they were not surplus engine parts, and any claim for conversion fails. Damages claimed are too remote and not recoverable from MTU.
- Parties
- Claimant: Gamit Limited; First Defendant: Saudi Arabian Airlines Corporation; Second Defendant: MTU Maintenance Hannover GmbH
- Jurisdiction
- England and Wales
- Judgment Date
- 18 April 2011
- Procedural Posture
- Commercial / Final Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Repudiatory Breach, Termination of Contract, Conversion, Remoteness of Damages, Title to Goods
Case Brief
Summary, issues, holding and outcome
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Parties
Gamit Limited
Claimant
Saudi Arabian Airlines Corporation
First Defendant
MTU Maintenance Hannover GmbH
Second Defendant
Procedural Posture
Commercial / Final Judgment
Legal Issues
- 1 Whether MTU was obliged to continue performance after termination of the Engine Sub-Contract
- 2 Whether MTU breached contract by reinstalling disputed parts
- 3 Whether Gamit had title to disputed parts
Ratio Decidendi
Termination of the Engine Sub-Contract for non-payment discharged MTU from further performance obligations, including replacement of disputed parts. Purchase orders did not create independent contracts. Gamit did not acquire title to disputed parts as they were not surplus engine parts, and any claim for conversion fails. Damages claimed are too remote and not recoverable from MTU.
Court Disposition
Claim dismissed
Full Case Text
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