ABSTRACT
I think it right first to consider the meaning of cl 11 because, if Wickman’s contention with regard to this is right, then cl 7 must be construed in light of the provisions of cl 11. Clause 11 expressly provides that the agreement ‘shall continue in force (unless previously determined as hereinafter provided) until’ 31 December 1967. That appears to imply the corollary that the agreement shall not be determined before that date in any other way than as provided in cl 11. It is argued for Schuler that those words cannot have been intended to have that implication. In the first place, Schuler say that anticipatory breach cannot be brought within the scope of cl 11 and the parties cannot have intended to exclude any remedy for an anticipatory breach. And, secondly, they say that cl 11 fails to provide any remedy for an irremediable breach however fundamental such breach might be.
