Moran Yacht & Ship Inc v Pisarev & Anor

Moran Yacht & Ship Inc v Pisarev & Anor

There was no express or implied contract entitling Moran to commission on the sale of the yacht. The relevant agreements only covered chartering, not sale, and the entire agreement clause precluded implication of further terms. Even if such a contract existed, Moran was not the effective cause of the sale. The appeal was therefore dismissed.

Parties
Applicant: Moran Yacht & Ship Inc; Respondents: Kirill Pisarev & Anr
Jurisdiction
England and Wales
Judgment Date
11 February 2016
Procedural Posture
Civil Appeal / Appeal From High Court (commercial Court)
Outcome
Appeal dismissed
Legal Topics
Brokerage Commission, Implied Terms, Effective Cause, Sale of Goods
Contract Law Commercial Law Brokerage Commission Implied Terms Effective Cause Sale of Goods

Case Brief

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Parties

Moran Yacht & Ship Inc

Applicant

Kirill Pisarev & Anr

Respondents

Procedural Posture

Civil Appeal / Appeal From High Court (commercial Court)

Legal Issues

  1. 1 Whether Moran Yacht & Ship Inc was entitled to commission from Galaxias for the sale of the yacht 4YOU to Gildo Finance Corporation
  2. 2 Whether there was a contract, express or implied, entitling Moran to commission
  3. 3 Whether Moran was an effective cause of the sale

Ratio Decidendi

There was no express or implied contract entitling Moran to commission on the sale of the yacht. The relevant agreements only covered chartering, not sale, and the entire agreement clause precluded implication of further terms. Even if such a contract existed, Moran was not the effective cause of the sale. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no commission payable to Moran Yacht & Ship Inc