Carter & Anor v Lifeplan Products Ltd

The Carters established a repudiation and valid acceptance of repudiation in their Defence, providing a complete defence to the action and negating liability under the SPA guarantee provision.

Parties: Appellant: Anthony Carter; Appellant: Beverley Carter; Respondent: Lifeplan Products Limited
Jurisdiction: England and Wales
Judgment Date: 29 April 2013
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: appeal allowed
Legal Topics: Implied Terms, Repudiation, Affirmation, Non Solicitation, Guarantee, Share Purchase Agreement

Contract Law Implied Terms Repudiation Affirmation Non Solicitation Guarantee Share Purchase Agreement

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 6

Parties

Anthony Carter

Appellant

Beverley Carter

Appellant

Lifeplan Products Limited

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the implied non-solicitation term was breached
2 Whether breach of condition entitled the Carters to treat the contract as discharged
3 Whether the Carters affirmed the contract and lost the right to discharge

Ratio Decidendi

The Carters established a repudiation and valid acceptance of repudiation in their Defence, providing a complete defence to the action and negating liability under the SPA guarantee provision.

Court Disposition

appeal allowed

Orders

Order for payment of £44,932.12 set aside
Carters not liable under the SPA guarantee provision