Facts[edit | edit source]

L. Schuler were a manufacturing company and they granted Wickman the sole right to sell their products in the UK. In the terms of the agreement, Wickman were to visit six of Schuler's major British clients each week for the duration of the contract (4 years), 1400 visits in total which they failed to do. It said in the contract that this was a "condition" of the agreement. Schuler repudiated the contract. The initial arbitrator found for Wickman, which was reversed at trial but then restored in the Court of Appeal.

Issues

The issue in the case was whether the fact that a term of the contract was called a “condition” was conclusive, and whether it could be anything else upon a full reading and interpretation of the contract.

Held

The courts held that Clause 7b was a warranty and not a condition and that simply calling a term a condition did not necessarily make it so. Therefore Schuler was not entitled to terminate the contract without giving notice and allowing Wickman to remedy the situation.

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