abandoned if the sellers had acted in reliance on an express or implied representation to this effect given by the buyers. The representation could be inferred from the buyers’ conduct, including inactivity. On the facts, it was held that there was no such inference as, by 1980, the sellers’ solicitors were still trying to trace witnesses for the arbitration: Paal Wilson & Co A/Sv Partenreederei, The Hannah Blumenthal [1983] 1 AC 854, p 913

doi:10.4324/9781843141518-227

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ABSTRACT

The question whether a contract has been abandoned or not is one of fact. That being so, it would, I think, be sufficient, for the purposes of the present case, to say that there are concurrent findings of fact by both the courts below against the sellers on that question, that it is not the practice of your Lordships’ House to interfere with such concurrent findings of fact save in exceptional circumstances which are not here present, and that the cross-appeal fails on that ground alone.