Contract Law Case Analysis. RTS Flexible Systems Ltd v MolkereiAlois Muller GmbH & Co KG

The first 200 words of this essay...

2. The High Court deals with this case as a "trial of preliminary issues". What does this mean?

A trial of preliminary issues is a mechanism courts use in civil proceedings where an issue is ordered to be tried before the main trial of a case1. It aims to resolve dispute between parties without the need for a full hearing and pre-trial processes associated with civil litigation2, thus attempting to dispose of litigation in a more timely and cost effective manner than a substantive hearing.

The preliminary issue here was to determine the nature of the contractual relationship between the parties. Specifically, did the terms set out in the letter of intent form the contract, whether this had terminated and upon expiry what were the new terms.

3. Explain the relevant facts of this case in the context of the dispute between the parties. Consider in particular why RTS argued on occasions that the terms contained in "MF/1" should be included in any contract between the parties. Do not devote more than 800 words to this explanation.

RTS Flexible Systems LTD(RTS) specialises in packaging machinery and Molkerei Alois Müller GmbH & Co Kg(Müller) is a dairy