| 词条 | Shell UK Ltd v Lostock Garages Ltd |
| 释义 |
| name = Shell UK Ltd v Lostock Garages Ltd | court = | image = | date decided = 30 June 1976 | full name = | citations = [1976] 1 WLR 1187 | judges = | prior actions = | subsequent actions = | opinions = | transcripts = | keywords = }} Shell UK Ltd v Lostock Garages Ltd [1976] 1 WLR 1187 is an English contract law and UK competition law case concerning implied terms and restraint of trade. FactsLostock and Shell had a written contract that Shell would supply petrol and oil to Lostock, in return for Lostock buying its goods from Shell exclusively. In a price war, Shell reduced its petrol prices for some nearby petrol stations. Customers went there, and Lostock had no choice but to trade at a loss. Lostock sought another supplier and Shell sued Lostock for breach of contract. JudgmentThe Court of Appeal, by a majority, held that no term could be implied that Shell should not "abnormally discriminate" against Lostock. It was held that Shell would not have agreed to the term[1] and that the implied term would be too vague. Notes1. ^see also, The Good Luck [1989] 2 Lloyd's Rep 238, 273 and The Gudermes [1993] 1 Lloyd's Rep 311, 323 {{UK-law-stub}} 8 : United Kingdom competition law|English contract case law|English implied terms case law|Lord Denning cases|1976 in British law|Court of Appeal of England and Wales cases|1976 in case law|Royal Dutch Shell |
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