Dakota Packaging Ltd -v- AHP Manufacturing BV Trading As Wyeth Medica Ltd [2004] IESC 102 (15 December 2004)

Dakota Packaging Ltd -v- AHP Manufacturing BV Trading As Wyeth Medica Ltd [2004] IESC 102 (15 December 2004)

There was no long-term contract between the parties, only individual contracts for each order; therefore, no term requiring reasonable notice of termination could be implied into the relationship. The High Court erred in implying such a term absent a contract.

Citation
[2004] IESC 102
Parties
Plaintiff/respondent: Dakota Packaging Ltd; Defendant/appellant: AHP Manufacturing BV trading as Wyeth Medica Ireland
Jurisdiction
Ireland
Judgment Date
15 December 2004
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court
Outcome
Appeal allowed; High Court order varied
Legal Topics
Implied Terms, Termination of Commercial Relationships, Requirement of Contract for Implied Terms
Contract Law Commercial Law Implied Terms Termination of Commercial Relationships Requirement of Contract for Implied Terms

Case Brief

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Parties

Dakota Packaging Ltd

Plaintiff/respondent

AHP Manufacturing BV trading as Wyeth Medica Ireland

Defendant/appellant

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether a term requiring reasonable notice of termination can be implied into a trading relationship absent a long-term contract
  2. 2 Whether the High Court erred in implying such a term where only individual contracts for sale existed

Ratio Decidendi

There was no long-term contract between the parties, only individual contracts for each order; therefore, no term requiring reasonable notice of termination could be implied into the relationship. The High Court erred in implying such a term absent a contract.

Court Disposition

Appeal allowed; High Court order varied

Orders

  • Order substituted: There being no agreement, the appellant was not required to give the respondent reasonable notice of termination of the trading relationship.
  • Outstanding claims such as misrepresentation may be pursued before the High Court.