Jamp Pharma Corporation v Unichem Laboratories Ltd [2021] EWHC 1712 (Comm) (23 June 2021)

Jamp Pharma Corporation v Unichem Laboratories Ltd [2021] EWHC 1712 (Comm) (23 June 2021)

Objectively construed, the parties' correspondence and conduct demonstrated that a binding agreement for the supply of Tizanidine was conditional on the execution of a formal addendum signed by both parties. No such signed addendum existed; therefore, no binding contract was formed.

Citation
[2021] EWHC 1712 (Comm)
Parties
Claimant: Jamp Pharma Corporation; Defendant: Unichem Laboratories Limited
Jurisdiction
England and Wales
Judgment Date
23 June 2021
Procedural Posture
Commercial Contract Dispute / High Court Judgment After Trial
Outcome
Claim dismissed
Legal Topics
Formation of Contract, Intention to Create Legal Relations, Subject to Contract, Pharmaceutical Supply Agreements
Contract Law Commercial Law Formation of Contract Intention to Create Legal Relations Subject to Contract Pharmaceutical Supply Agreements

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Parties

Jamp Pharma Corporation

Claimant

Unichem Laboratories Limited

Defendant

Procedural Posture

Commercial Contract Dispute / High Court Judgment After Trial

Legal Issues

  1. 1 Whether a binding contract was formed between Jamp and Unichem for the supply of Tizanidine
  2. 2 Whether the parties' correspondence and conduct evidenced an intention to create legal relations absent a signed addendum

Ratio Decidendi

Objectively construed, the parties' correspondence and conduct demonstrated that a binding agreement for the supply of Tizanidine was conditional on the execution of a formal addendum signed by both parties. No such signed addendum existed; therefore, no binding contract was formed.

Court Disposition

Claim dismissed