Shell UK v Lostock Garage Ltd
295 words (1 pages) Case Summary
26th Jun 2019 Case Summary Reference this In-house law team
Jurisdiction / Tag(s): UK Law
Shell UK Ltd v Lostock Garages Ltd [1976] 1 WLR 1187
Competition law – Restraint of trade – Agreements
Facts
The defendant was a small garage which was tied to Shell along with two other neighbouring garages, by way of a solus agreement. There was a petrol price war in 1975, during which Shell had a support scheme that enabled them and their partner garages to sell for 70p per gallon. However, in line with the terms that had been agreed by the parties, Shell restricted the defendant garage to sell for no less than 75p per gallon and as such, their sales sold dramatically, by 44,000 gallons in a year. As such, the defendant purchased their fuel elsewhere and Shell sought for an injunction to prevent them from doing so. The defendant garage claimed that Shell had unreasonably restricted their trade. The judge during the initial trial found that Shell could not enforce the contract and awarded the defendant damages. Both parties appealed this decision.
Issue
The court was required to consider whether the imposition by Shell on to the defendant garage constituted an unreasonable restriction on the defendant. If so, the court may enable the defendant to terminate the original agreement and to seek supply from another party under better contractual terms.
Decision/Outcome
The court dismissed the appeal and cross-appeal of the parties. It was found that the agreement was unreasonable for as long as the agreement infringed upon the defendant garage, but was not unreasonable at its inception. However, it should be noted that there was no implied contractual term that enabled the defendants to terminate the original agreement.
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Jurisdictions / TagsContent relating to: "UK Law"
UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.
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