Exxonmobil Sales and Supply Corporation v Texaco Ltd. [2003] EWHC 1964 (Comm) (01 August 2003)

Exxonmobil Sales and Supply Corporation v Texaco Ltd. [2003] EWHC 1964 (Comm) (01 August 2003)

Texaco had no real prospect of establishing an express or implied term or usage/custom requiring retention of samples, as the contract's entire agreement clause excluded such implied terms. The inspector's determination was final and binding. Damages claimed by Exxonmobil were not excluded as 'loss of prospective profits.'

Citation
[2003] EWHC 1964 (Comm)
Parties
Claimant: Exxonmobil Sales and Supply Corporation; Defendant: Texaco Limited
Jurisdiction
England and Wales
Judgment Date
01 August 2003
Procedural Posture
Commercial Contract Dispute / Application for Summary Judgment
Outcome
Summary judgment granted for claimant; permission to defend refused.
Legal Topics
Summary Judgment, Entire Agreement Clause, Implied Terms, Usage or Custom, Damages, Sale of Goods
Commercial Law Contract Law Summary Judgment Entire Agreement Clause Implied Terms Usage or Custom Damages Sale of Goods

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Exxonmobil Sales and Supply Corporation

Claimant

Texaco Limited

Defendant

Procedural Posture

Commercial Contract Dispute / Application for Summary Judgment

Legal Issues

  1. 1 Whether Texaco can defend the claim based on an express or implied term or usage/custom regarding sample retention
  2. 2 Whether the entire agreement clause excludes implied terms based on usage or custom
  3. 3 Whether damages claimed are excluded as 'loss of prospective profits' under the contract

Ratio Decidendi

Texaco had no real prospect of establishing an express or implied term or usage/custom requiring retention of samples, as the contract's entire agreement clause excluded such implied terms. The inspector's determination was final and binding. Damages claimed by Exxonmobil were not excluded as 'loss of prospective profits.'

Court Disposition

Summary judgment granted for claimant; permission to defend refused.

Orders

  • Declaration granted regarding effect of clause 20 (damages not excluded as loss of prospective profits)
  • Judgment for claimant for demurrage of US$60,100 plus interest