Burger King v King Franchises [2013] EWHC 1761 (Comm) (26 April 2013)

Burger King v King Franchises [2013] EWHC 1761 (Comm) (26 April 2013)

The defendants have no real prospect of successfully defending the claim as their defences of duress, lack of authority, and waiver are unsupported by evidence or law. The settlement agreement was validly entered into, breaches were admitted, and the claimants were entitled to terminate the agreements.

Citation
[2013] EWHC 1761 (Comm)
Parties
Claimant: Burger King; Defendant: King Franchises
Jurisdiction
England and Wales
Judgment Date
26 April 2013
Procedural Posture
Commercial Contract Dispute / Application for Summary Judgment
Outcome
Summary judgment granted for the claimants.
Legal Topics
Summary Judgment, Termination of Franchise Agreements, Economic Duress, Authority to Contract, Waiver, Jurisdiction
Contract Law Commercial Law Franchise Law Summary Judgment Termination of Franchise Agreements Economic Duress Authority to Contract Waiver +1 more

Case Brief

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Parties

Burger King

Claimant

King Franchises

Defendant

Procedural Posture

Commercial Contract Dispute / Application for Summary Judgment

Legal Issues

  1. 1 Whether the defendants have a real prospect of successfully defending the claim for termination of franchise agreements
  2. 2 Whether the settlement agreement was entered into under duress or without authority
  3. 3 Whether the claimants waived breaches by the defendants

Ratio Decidendi

The defendants have no real prospect of successfully defending the claim as their defences of duress, lack of authority, and waiver are unsupported by evidence or law. The settlement agreement was validly entered into, breaches were admitted, and the claimants were entitled to terminate the agreements.

Court Disposition

Summary judgment granted for the claimants.

Orders

  • Declaration of right to terminate contracts
  • Damages to be assessed