Tryggingarfelagio Foroyar P/F v CPT Empresas
Marítimas SA ('M/V Athena')
[2011] EWHC 589 (Admlty)
In this case, Ince & Co acted for Chilean salvage and
maritime logistics provider, CPT Empresas Marítimas
SA.
Parties can sometimes agree on the main terms of their contract
but intend to add to those terms later. The basic agreement may be
a standard form contract, with amendments to be made or bespoke
clauses to be added subsequently. Under English law, a contract may
be binding between the parties even if certain terms have not been
finalised where the Court concludes that the parties had intended
to create legally binding relations and the essential terms had
been agreed (see, for example, RTS Flexible Systems v Molenski
Alois Muller [2010] UKSC 14). The test as to the parties'
intention is objective not subjective. Where contractual
negotiations do not culminate in a clear recap or a signed
contract, disputes may arise as to whether a contract was in
