Ltd. Kolmar Group AG v Traxpo Enterprises Ltd (2010) - Traxpo refused to release ship and checmicals until Kolmar agreed a variation - needed to satisfy order to very important client who needed it urgently # The final part of consideration - usually occurs with variation of existing contract. 1/13 9.CHS-1415-2011.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1415 OF 2011 IN SUIT NO.2263 OF 2010 Traxpo Enterprises Pvt. Kolmar Group AG v Traxpo Enterprises PVT Ltd [2010] EWHC 113 (Comm) Save & file View original Forward Print Share. Ltd vs Kolmar Group Ag on 13 April, 2016. It was established in Kolmar Group AG v Traxpo Enterprises Pvt Ltd [2010] EWHC 113 (Comm) that generally speaking, a threat to break a contract would be regarded as illegitimate, especially in cases where they were aware this threat would result in a breach of contract. Kolmar Group AG v Traxpo Enterprises Pvt Ltd – QBD (Com Ct)(Christopher Clarke J) – 1 February 2010. Kolmar Group AG v Traxpo Enterprises Pvt Ltd [2010] EWHC 113 (Comm) Background to dispute. Plaintiff: Kolmar Group AG: Defendant: Traxpo Enterprises Private Limited: Case Number: 1:2007cv10343: Filed: November 15, 2007: Court: US District Court for the Southern District of New York The test to apply was confirmed in R v Attorney-General for England and Wales. Kolmar Group AG v Traxpo Enterprises PVT Ltd [2010] EWHC 113 (Comm) Economic duress again – a sign of the times? Traxpo Enterprises Pvt. Sriram. Bench: K.R. ... SUIT NO.2263 OF 2010 Traxpo Enterprises Pvt. Kolmar Group AG v Traxpo Enterprises PVT Ltd [2010] EWHC 113 (Comm) In economic duress, there must be pressure: (a) resulting in compulsion or lack of practical choice, (b) which is illegitimate, and (c) which is a significant cause of the victim entering into the contract. Kolmar Group AG v Traxpo Enterprises Ltd [2010] Carillion Construction Ltd v Felix Ltd [2010] (on ED basic) AFFIRMED THE TEST FOR ED AS SET OUT IN DSND SUBSEA PETROLEUM: Kolmar Group AG v Traxpo Enterprises Ltd [2010] (on ED basic) The test to apply was confirmed in R v Attorney-General for England and Wales. CAUTION: The decision in Kolmar Group AG v. Traxpo Enterprises PVT Ltd. was rendered by England and Wales High Court (Commercial Court) and the principle of illegitimate pressure had been rejected by Robertson J.A. The better view was expressed recently by Christopher Clarke J in Kolmar Group AG v Traxpo Enterprises Pvt Ltd [2010] EWHC 113 (Comm) at [92]: ‘If there was no reasonable alternative, that may be very strong evidence in support of a conclusion that the victim of the duress was in fact influenced by the threat’. It was established in Kolmar Group AG v Traxpo Enterprises Pvt Ltd [2010] EWHC 113 (Comm) that generally speaking, a threat to break a contract would be regarded as illegitimate, especially in cases where they were aware this threat would result in a breach of contract. ....Plaintiff V/s. in NAV Canada v. Greater Fredericton Airport Authority Inc. i n paras. Article by Mayer Brown LLP In Kolmar v Traxpo a party that had agreed to purchase methanol urgently required for a very important client was forced by the seller to agree to an increase in price and a reduced quantity. The dispute in this case arose out of a contract for the sale and purchase of methanol, with shipment to be FOB Kandla within September 2007.
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