Esso Petroleum Co Ltd v. Niad Ltd [2001] EWHC Ch 458 (22nd November, 2001)

Esso Petroleum Co Ltd v. Niad Ltd [2001] EWHC Ch 458 (22nd November, 2001)

Niad was contractually bound to implement and maintain Esso's recommended pump prices under the Pricewatch Agreement; breaches entitle Esso to damages, account of profits, or restitution for unjust enrichment, as ordinary remedies are inadequate and Esso has a legitimate interest in preventing Niad's profit from...

Source-derived case information.

Citation
[2001] EWHC Ch 458
Parties
Claimant: Esso Petroleum Company Limited; Defendant: Niad Limited
Jurisdiction
England and Wales
Procedural Posture
Breach of Contract / Trial on Liability
Outcome
Niad is liable to Esso for breach of contract; Esso may elect damages, account of profits, or restitution.
Legal Topics
Breach of Contract, Account of Profits, Restitution, Unjust Enrichment, Remedies, Dealer Margin, Price Support
Contract Law Restitution Breach of Contract Account of Profits Unjust Enrichment Remedies Dealer Margin Price Support

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Summary, issues, holding and outcome

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Parties

Esso Petroleum Company Limited

Claimant

Niad Limited

Defendant

Procedural Posture

Breach of Contract / Trial on Liability

Legal Issues

  1. 1 Whether Niad was contractually bound to charge Esso's recommended prices to customers
  2. 2 Whether Niad has any valid defences to Esso's claim
  3. 3 Whether Esso is entitled to damages, account of profits, or restitutionary remedy

Ratio Decidendi

Niad was contractually bound to implement and maintain Esso's recommended pump prices under the Pricewatch Agreement; breaches entitle Esso to damages, account of profits, or restitution for unjust enrichment, as ordinary remedies are inadequate and Esso has a legitimate interest in preventing Niad's profit from breach.

Court Disposition

Niad is liable to Esso for breach of contract; Esso may elect damages, account of profits, or restitution.

Orders

  • Niad liable for damages, account of profits, or restitution for amount by which pump prices exceeded recommended prices between 14th February 1996 and 30th November 1998.
  • Esso to elect remedy to pursue.