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L Schuler AG v Wickman Machine Tools Ltd (1973)
Created by 121.1.18.237 on 3 November 2009, at 10:16
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L Schuler AG v Wickman Machine Tool Sales Ltd
Court House of lords
Citation(s) [1973] UKHL 2, [1974] AC 235
Keywords
Termination, condition


[1974] AC 235; [1973] 2 WLR. 683, 2 All ER 39. Schuler -- a machine tool manufacturer -- entered into a contract with Wickman in which Wickman would have the sole right to distribute one of S's products in the UK. The contract had a term 'it shall be a condition of this agreement that' W visit six specified dealers one a weekly basis to promote S's product. On a few occasions W failed to do this. S repudiated the contract, claiming that W had breached a condition. The House of lords held that stating that something was a condition was evidence that it was, but not irrebutable. In this case, they reasoned that the parties could never have intended a breach of this nature to result in the destruction of the contract when they first entered into it.
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