24 Nov 2005
WALLACE CORPORATION LTD V INTERNATIONAL MARKETING CORP LTD HC AK CIV 2003-404-7227
- Citation
- openlaw-67bc6331_79a3_4a9f_b0c5_eca3340008e7.pdf
- Court
- High Court
The parties reached a marketing agreement substantially on the terms of the third draft; that agreement did not impose an obligation on IMC to be fully forward sold or to eliminate market risk for WCL; given market conditions (loss of US certification), erratic supply and the nature of the product, IMC marketed competently and WCL failed to prove breach or loss; IMC is therefore entitled to its wash up adjustments and to judgment on its counterclaim except for the Eskimo freight claim which failed for lack of contractual proof.