Intertrade Europe Srl v Clive Christian Perfume Ltd

Intertrade Europe Srl v Clive Christian Perfume Ltd

The court found Intertrade was in continuing breach of implied and express terms by failing to provide details of marketing spend, refusing to provide stock levels, unauthorised creation of counters, discounting, and late payments. The four last orders were excessive and not reasonably required. Clive Christian was entitled to reject them and impose new terms, thereby accepting Intertrade's repudiatory conduct and terminating the contract. The claim was dismissed and the counterclaim allowed for an account of marketing spend and unpaid orders.

Parties
Claimant: Intertrade Europe SRL; Defendant: Clive Christian Perfume Limited
Jurisdiction
England and Wales
Judgment Date
30 January 2013
Procedural Posture
Commercial Dispute / Final Judgment
Outcome
Claim dismissed, counterclaim allowed in part
Legal Topics
Distribution Agreements, Repudiation, Breach of Contract, Damages, Marketing Obligations, Currency Fluctuations, Late Payment, Exclusive Distributorship, Direct Sales, Confidential Information
Contract Law Commercial Law Distribution Agreements Repudiation Breach of Contract Damages Marketing Obligations Currency Fluctuations +4 more

Case Brief

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Parties

Intertrade Europe SRL

Claimant

Clive Christian Perfume Limited

Defendant

Procedural Posture

Commercial Dispute / Final Judgment

Legal Issues

  1. 1 Whether Clive Christian was in repudiatory breach by refusing to supply the last orders or was justified due to Intertrade's breaches
  2. 2 Whether Clive Christian breached the agreement by direct website sales in Intertrade's territory
  3. 3 Whether Clive Christian is entitled to damages on its counterclaim

Ratio Decidendi

The court found Intertrade was in continuing breach of implied and express terms by failing to provide details of marketing spend, refusing to provide stock levels, unauthorised creation of counters, discounting, and late payments. The four last orders were excessive and not reasonably required. Clive Christian was entitled to reject them and impose new terms, thereby accepting Intertrade's repudiatory conduct and terminating the contract. The claim was dismissed and the counterclaim allowed for an account of marketing spend and unpaid orders.

Court Disposition

Claim dismissed, counterclaim allowed in part

Orders

  • Defendant entitled to account for marketing spend for 2008, 2009, and 2010
  • Defendant entitled to recover £30,720 for unpaid order 10.000152, invoice 6310