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Total Spares & Supplies v Antares [2004]

Facts

  • Following a disagreement over a franchise, the franchise (A), which had given exclusive UK distribution rights to the claimant franchisee (T), started a new company to distribute in the UK
  • 1 month of notice was given to T, rather than the contractual 6 months

Issue

  • Who had the right to elect?

Decision

  • T, as A had been in breach

Reasoning

  • A could not unilaterally discharge the contract where T hadn’t breached the franchise contract
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