When you think you’re exclusive but you’re not—Court of Appeal examines exclusivity in the Retail & Consumer industry

Table of contents

• The background and the disagreement
• The High Court’s decision
• The Court of Appeal’s decision
• Lessons to be learnt—especially for those in the retail and consumer industry
• Oral contracts
• Implied terms
• ‘Framework’ v Individual Agreements (and Implied Terms again!)

Article summary

Commercial analysis: Although oral agreements can be enforceable under English law, a recent decision of the English Court of Appeal serves as a reminder of the importance of having written agreements between the parties. The judgment is particularly interesting for those in the Retail & Consumer sector as the decision relates directly to the question of exclusivity between a drinks manufacturer and a wholesaler.