Jackson Distribution Ltd. v Tum Yeto Inc

Jackson Distribution Ltd. v Tum Yeto Inc

The parties never agreed to the terms of the Jackson draft or any written contract; the relationship was governed by the oral agreement of March 2005, which included an implied term that the agreement was terminable on reasonable notice. The Defendant was not entitled to terminate without reasonable notice, and there were no repudiatory breaches by the Claimant. The proper period of notice was 9 months.

Parties
Claimant: Jackson Distribution Limited; Defendant: Tum Yeto Inc
Jurisdiction
England and Wales
Judgment Date
12 May 2009
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Claimant on liability; quantum to be determined after further submissions.
Legal Topics
Distribution Agreements, Termination of Contract, Implied Terms, Reasonable Notice, Damages
Contract Law Commercial Law Distribution Agreements Termination of Contract Implied Terms Reasonable Notice Damages

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 4 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Jackson Distribution Limited

Claimant

Tum Yeto Inc

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 What were the terms of the agreement between the Claimant and the Defendant?
  2. 2 Was the Defendant entitled to terminate the agreement and if so on what basis?
  3. 3 If the Defendant was in breach of contract in terminating it, what loss was suffered by the Claimant as a result?

Ratio Decidendi

The parties never agreed to the terms of the Jackson draft or any written contract; the relationship was governed by the oral agreement of March 2005, which included an implied term that the agreement was terminable on reasonable notice. The Defendant was not entitled to terminate without reasonable notice, and there were no repudiatory breaches by the Claimant. The proper period of notice was 9 months.

Court Disposition

Judgment for the Claimant on liability; quantum to be determined after further submissions.

Orders

  • The Defendant was not entitled to terminate the agreement without reasonable notice.
  • The proper period of notice is 9 months.