Pagnan S.p.A. v Feed Products Ltd

JurisdictionEngland & Wales
Date1987
Year1987
CourtQueen's Bench Division
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  • DHL Project & Chartering Ltd v Gemini Ocean Shipping Company Ltd
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    • Court of Appeal (Civil Division)
    • 24 November 2022
    ...Systems Ltd v Molkerei Alois Müller GmbH & Co KG [2010] UKSC 14, [2010] 1 WLR 753, applying the earlier case of Pagnan SpA v Feed Products Ltd [1987] 2 Lloyd's Rep 601. In brief, and so far as relevant for present purposes, Lord Clarke approved the principle stated in Pagnan that: “Even if ......
  • Trebor Bassett Holdings Ltd and Another v Adt Fire and Security Plc
    • United Kingdom
    • Queen's Bench Division (Technology and Construction Court)
    • 22 July 2011
    ...practice of ordering joint statements before the exchange of reports is not universal, it is common practice in the TCCPagnan v Feed Products [1987] 2 Lloyd's Rep. 601and G Percy Trentham v Archital Luxfer [1993] 1 Lloyd's Rep. 25. In the latter case, Steyn LJ (as he then was) said: "The fa......
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3 firm's commentaries
  • Issues Of Contractual Commitment And Determining When The Specification Of Goods Is Part Of Their Description
    • United Kingdom
    • Mondaq United Kingdom
    • 9 October 2013
    ...(in which Lord Clarke approved the statements of principle set out in the judgment of Lloyd LJ in Pagnan SpA v. Feed Products Ltd [1987] 2 Lloyd's Rep 601). On the basis of those authorities, the Judge stated that the question he was to consider was "Did the parties agree on all the terms t......
  • The Concluded Bargain: Near Enough Good Enough?
    • United States
    • Mondaq United States
    • 16 April 2013
    ...1376 (TCC). 2 See Bear Stearns Bank Plc v. Forum Global Equity Ltd, [2007] EWHC 1576 (Comm). 3 See Pagnan SpA v. Feed Products Ltd., [1987] 2 Lloyd's Rep 601. 4 [2008] QSC The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be s......
  • Establishing Contractual Terms Where There Is No Signed Contract
    • United Kingdom
    • Mondaq United Kingdom
    • 22 June 2011
    ...aside the injunction. The Admiralty Court decision The Judge reviewed a number of cases, including Pagnan SPA v Feed Products Ltd [1987] 2 Lloyd's Rep 601, which was specifically approved in RTS Flexible Systems. In Pagnan SPA, the Court of Appeal stated that in order to determine whether a......
3 books & journal articles
  • Contract formation
    • United Kingdom
    • Construction Law. Volume I - Third Edition
    • 13 April 2020
    ...“he potential impact of French contract law reform on the construction industry” [2016] ICLR 378. 31 Pagnan SpA v Feed Products Ltd [1987] 2 Lloyd’s Rep 601 at 619, per Lloyd LJ; Hescorp Italia SpA v Morrison Construction Ltd (2000) 75 Con LR 51 at 58 [30]–59 [31], per HHJ Hicks QC; Haden Y......
  • RESOLVING AMBIGUITY THROUGH EXTRINSIC EVIDENCE
    • Singapore
    • Singapore Academy of Law Journal No. 2005, December 2005
    • 1 December 2005
    ...also be found at http://www.cisg.law.pace.edu. 10 For a discussion on what are “essential terms”, see Pagnan SpA v Feed Products Ltd[1987] 2 Lloyd’s Rep 601 at 619, per Lloyd LJ. 11 [2002] 1 All ER (Comm) 737. 12 Supra n 4. 13 [2000] 3 SLR 341. 14 [2003] 3 SLR 362. 15 [2004] 3 SLR 316 (“Com......
  • Case Note
    • Singapore
    • Singapore Academy of Law Journal No. 2017, December 2017
    • 1 December 2017
    ...409 at [39]. 34KVC Rice Intertrade Co Ltd v Asian Mineral Resources Pte Ltd[2017] SGHC 32 at [54]. 35Pagnan SpA v Feed Products Ltd[1987] 2 Lloyd's Rep 601 at 619. 36 See Fouchard, Gaillard, Goldman on International Commercial Arbitration (Emmanuel Gaillard & John Savage eds) (Kluwer Law In......

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