Distribution Agreement in UK Law

Leading Cases
  • Yam Seng Pte Ltd (a Company Registered in Singapore) v International Trade Corporation Ltd
    • Queen's Bench Division
    • 01 February 2013

    Such "relational" contracts, as they are sometimes called, may require a high degree of communication, cooperation and predictable performance based on mutual trust and confidence and involve expectations of loyalty which are not legislated for in the express terms of the contract but are implicit in the parties' understanding and necessary to give business efficacy to the arrangements.

  • Dole Dried Fruit and Nut Company v Trustin Kerwood Ltd
    • Court of Appeal (Civil Division)
    • 01 June 1990

    The whole purpose and intent of the agency agreement was that the parties should enter into contracts for the purchase and sale of the plaintiffs' goods. In those circumstances the claim and the counterclaim are sufficiently closely connected to make it unjust to allow the plaintiffs to claim the price of goods sold and delivered without taking account of the defendants' counterclaim for damages for breach of the agency agreement.

  • Bim Kemi v Blackburn Chemicals Ltd
    • Court of Appeal (Civil Division)
    • 10 November 2004

    In so holding, again like the judge, I regard it as appropriate to apply the test propounded by Lord Brandon in the Bank of Boston case unconstrained by the former concept, difficult to define and apply, of 'impeachment of title', which has since been replaced, or at least redefined, in terms of a cross-claim which 'flows out of and is inseparably connected with the dealings and transactions giving rise to the subject of the claim'.

  • Wickman Machine Tool Sales Ltd v L. Schuler A.G.
    • House of Lords
    • 04 April 1973

    The question then is what is meant in this context by the word "remedy". It could mean obviate or nullify the effect of a breach so that any damage already done is in some way made good. And in general it can only be in a rare case that any remedy of something that has gone wrong in the performance of a continuing positive obligation will, in addition to putting it right for the future, remove or nullify damage already incurred before the remedy was applied.

    The fact that a particular construction leads to a very unreasonable result must be a relevant consideration. The more unreasonable the result the more unlikely it is that the parties can have intended it, and if they do intend it the more necessary it is that they shall make that intention abundantly clear.

  • HM Revenue and Customs v Micro Fusion 2004-1 LLP; HM Revenue and Customs v Halcyon Films LLP
    • Special Commissioners
    • 30 June 2008

    We heard a great deal of detailed argument on such matters as the meaning of "film", the nature of copyright interests and the exact effect of particular provisions of the Distribution Agreement and other documents, and some of these matters we deal with below. It seems to us, however, that in deciding whether or not Micro Fusion's activities amounted to the exploitation of the film Mrs Henderson Presents, a broader view gives a sense of perspective.

  • Ensign Tankers (Leasing) Ltd v Stokes
    • House of Lords
    • 12 March 1992

    The production and exploitation of a film is a trading activity. The expenditure of capital for the purpose of producing and exploiting a commercial film is a trading purpose. The section is not concerned with the purpose of the transaction but with the purpose of the expenditure. It is true that Victory Partnership only engaged in the film trade for the fiscal purpose of obtaining a first year allowance but that does not alter the purpose of the expenditure.

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Legislation
  • The Electricity and Gas (Internal Markets) Regulations 2011
    • UK Non-devolved
    • January 01, 2011
    ......—(a) any relevant international law; and(b) any relevant agreement between the government of the United Kingdom and the government of the ...5 . Distribution PART 5 . Distribution . Independence of gas transporters authorised to ......
  • Defamation Act 2013
    • UK Non-devolved
    • January 01, 2013
    ...... Security Council of the United Nations or by an international agreement;. . and in paragraphs (a) and (b) "court" includes any tribunal or body ... S-13 . Order to remove statement or cease distribution etc 13 Order to remove statement or cease distribution etc . (1) Where ......
  • The Insolvency (England and Wales) Rules 2016
    • UK Non-devolved
    • January 01, 2016
    ...... [Note: “hire-purchase agreement” is defined by section 436(1) as having the same meaning as in the ... as provided for by sections 246C(2) or 379C(2) (notices of distributions, intended distributions and notices required to be given by court order); ......
  • Finance Act 2018
    • UK Non-devolved
    • January 01, 2018
    ...... (a) Chapter 2 of Part 23 of CTA 2010 (matters which are distributions), except section 1000(2), and . (b) Part 3 of ITEPA 2003 (employment ... otherwise.(4) In this section—“arrangement” includes any agreement, understanding, scheme, transaction or series of transactions (whether or ......
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Books & Journal Articles
  • The British National Minimum Wage
    • Nbr. 37-2, June 1999
    • British Journal of Industrial Relations
    Great Britain has had statutory regulation of minimum pay for much of this century but never previously had a national minimum wage (NMW). This paper outlines the history of minimum wage regulation...
    ......Although there is general agreement that minimum wage systems reduce wage inequality, their impact on the ... reduce pay inequality, but any impact of the NMW on the distribution of household income is more controversial; some evidence for the UK is ......
  • THE STRUCTURE OF THE EURATOM‐THESAURUS
    • Nbr. 27-4, December 1993
    • Journal of Documentation
    • 267-272
    An analysis of the rank‐frequency distribution of the EURATOM‐thesaurus was carried out. Zipf's law (a hyperbolic function) was not found to be suitable for this distribution, and an exponential la...
    ...... of Sciences, Bucharest An analysis of the rank-frequency distribution of the EURATOM-thesaurus was carried out. Zipf's law (a hyperbolic ... by means of this exponential function was found in good agreement with the actual entropy of the thesaurus. The exponential function may ......
  • Bilateralism or multilateralism? The political economy of avoiding international double taxation
    • Nbr. 16-4, December 2010
    • European Journal of International Relations
    Why do states cooperate bilaterally or multilaterally? This article addresses the issue using the example of international double tax avoidance. It is argued that double tax avoidance exhibits the ...
    ...... The distribution of tax revenues depends on the asymmetry of inv estment flows between ... there are no serious externality problems with bilateral agreement, this solution is also viable. At the same time, there is a need for a ......
  • The Role of State Leadership in the Incidence of International Governance
    • Nbr. 6-3, September 2015
    • Global Policy
    To understand leadership in international governance, I begin at the structural level with state actors. A simple framework that relies on state interests and material power can shed light on why p...
    ...... setting by putting forth the fi rst draft of an international agreement addressing the issue and remaining in control of subsequent drafts. ... of view, the most interesting cases are those that involve distribution problems, I focus on the fol- lowing two combinations of problems: ......
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Law Firm Commentaries
  • Solicitors' PI: Scope Of A Fixed Fee Retainer
    • Mondaq United Kingdom
    ...... solicitors was instructed to "look over" intellectual property agreements and to discuss "certain key issues".  The Court found the solicitors ...The tool distributed cement and adhesive. A distribution agreement and a sub-agreement were drawn up between Mr S and the ......
  • ECJ Ruling On Refusing Entry To Selective Distribution System
    • Mondaq United Kingdom
    ......This distribution agreement terminated in 2004 and Auto 24 made several applications to JLR for a renewed distribution agreement. However, the then current quantitative ......
  • Good Faith Implied As A Term In A 'Relational' Contract
    • Mondaq United Kingdom
    ...... company) in January 2009 about entering into a distributorship agreement, saying it had recently signed an exclusive licence agreement to ...In May 2009, a distribution agreement was signed, granting Yam Seng exclusive rights to distribute the ......
  • 3D versions of 2D films: Who has the right to distribute?
    • Mondaq United Kingdom
    ...... protection then the natural conclusion is that the contracts and agreements relating to the original film would still stand - the distributor's ... work then unless expressly stipulated in the original distribution agreement, the distributor's rights to distribute the original film would ......
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Forms
  • Chapter IEIM401100
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... arrangement with the financial institution, in the distribution of securities and holds interests in the Financial Institution as a ... registers as a Deemed Compliant Financial Institution, that each agreement that governs the distribution of its debt or equity interests, prohibits ......
  • Chapter INTM440100
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... the royalties payable), the period covered by the initial distribution agreement. The only intra-group transaction appears to be the royalty paid ......
  • Chapter INTM440170
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... may have been derived from a number of independent licence agreements, hopefully covering that particular industry. The agreements will cover a ... goodwill, this will likely be very dependent on retaining the distribution agreement for the particular product in question. In other cases the type ......
  • Chapter CIRD220325
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ......The income under the licence agreement will be relevant IP income under Head 2. The licence agreement also ...It appoints a distributor for the distribution of software corresponding to the computer program but no IP rights are ......
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