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Termination by Mistake, Contract Terms a...

Pathak, Akhileshwa...

Case

Termination by Mistake, Contract Terms and Damages: Bunge SA v Nidera BV

Pathak, Akhileshwar

IIMA-BP0427 | Published December 18, 2018 | 10 pages Case

Collection: Indian Institute of Management, Ahmedabad

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Learning Objectives

Business contracts are done on General Conditions of Contracts (GCC). The GCCs have detailed terms to displace general principles of contract law and bring certainty in commercial dealings. Bunge SA v Nidera BV, is a judgment of the Supreme Court of the United Kingdom, on damages terms in GCCs. A term on damages may not be a comprehensive code, answering all questions on damages. In this case, the general principles will survive and interact and interface with the contract terms to settle the rights and obligations of the parties.

International sale contracts; Anticipatory breach; Interpretation of terms on damages