Alpha Lettings Ltd. v Neptune Research & Development Inc

Alpha Lettings Ltd. v Neptune Research & Development Inc

There was no oral variation of the agency agreement in April 1996; the agreement was not terminable at will but only on reasonable notice. Twelve months was outside the reasonable range; four months was appropriate. The trial was conducted fairly and without bias.

Source-derived case information.

Parties
Respondent: Alpha Lettings Ltd; Appellant: Neptune Research & Development Inc
Jurisdiction
England and Wales
Judgment Date
20 May 2003
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed in part; period of reasonable notice reduced from twelve months to four months; case remitted for assessment of damages for four month period.
Legal Topics
Termination of Agency Agreements, Reasonable Notice, Oral Variation of Contract, Damages for Breach of Contract
Contract Law Commercial Law Termination of Agency Agreements Reasonable Notice Oral Variation of Contract Damages for Breach of Contract

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Parties

Alpha Lettings Ltd

Respondent

Neptune Research & Development Inc

Appellant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Was the exclusive agency agreement orally varied in April 1996?
  2. 2 Was Alpha in breach of the alleged new terms?
  3. 3 Was the agency agreement terminable at will or only on reasonable notice?

Ratio Decidendi

There was no oral variation of the agency agreement in April 1996; the agreement was not terminable at will but only on reasonable notice. Twelve months was outside the reasonable range; four months was appropriate. The trial was conducted fairly and without bias.

Court Disposition

Appeal allowed in part; period of reasonable notice reduced from twelve months to four months; case remitted for assessment of damages for four month period.

Orders

  • Grounds 1-6 and 8-12 of appeal dismissed.
  • Ground 7 allowed to extent that reasonable notice is four months.