Petrotrade Inc v Texaco Ltd [1999] EWHC 291 (Comm) (21 December 1999)

The court found that the no set-off and binding SGS determination clauses were incorporated into the contract by an established course of trading, and that SGS made a binding and compliant determination. There was no real prospect of Texaco defending the claim, entitling Petrotrade to summary judgment.

Citation: [1999] EWHC 291 (Comm)
Parties: Claimant: Petrotrade; Defendant: Texaco
Jurisdiction: England and Wales
Judgment Date: 21 December 1999
Procedural Posture: Commercial Contract Dispute / Summary Judgment Application After Remittal From Court of Appeal
Outcome: Summary judgment granted for claimant on both claim and counterclaim
Legal Topics: Contract Formation, Course of Dealing, Incorporation of Terms, No Set Off Clause, Binding Determination Clause, Summary Judgment

Commercial Law Contract Formation Course of Dealing Incorporation of Terms No Set Off Clause Binding Determination Clause Summary Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 1

Parties

Petrotrade

Claimant

Texaco

Defendant

Procedural Posture

Commercial Contract Dispute / Summary Judgment Application After Remittal From Court of Appeal

Legal Issues

1 Whether the no set-off and binding SGS determination clauses were incorporated into the contract
2 Whether SGS made a binding determination in accordance with the contract
3 Whether Texaco has any real prospect of defending the claim

Ratio Decidendi

Court Disposition

Summary judgment granted for claimant on both claim and counterclaim

Orders

Texaco to pay Petrotrade $140,660.75 as balance of price for cargo of diesel oil
Counterclaim by Texaco dismissed