Court of Appeal - Effect of Overriding the Parties - Finance Assignment Help

Assignment Task :

1. In what way did the Court of Appeal’s approach with respect to the NOM clause have the effect of overriding the parties’ intentions? 5
2. The Court of Appeal found the NOM clause to be conceptually inconsistent with the idea of “party autonomy”. Explain what the Court of Appeal meant by this. 10
3. What is an entire agreement clause and why do parties in commercial contracts n particular find them useful? IN your own words, explain fully why the courts’ willingness to uphold an inconsistency in upholding NOM clauses is conceptual only. 20
4. In addition to the analogy with entire agreement clauses, what other reasons does the plurality give for its conclusion that the common law is able to cope with any conceptual inconsistency presented by NOM clauses. 10
5. In paragraph [16] Lord Sumption states: “the safeguard against injustice lies in the various doctrines of estoppel”. 
With reference to the language used in the Vienna Convention and the UNIDROIT respectively, explain the “injustice” and how the doctrine of equitable estoppel can assist in ameliorating that injustice. 20
6. In relation to Lord Briggs’ judgment explain:
a. How his reasoning differs from the plurality; and 
b. Why he nonetheless comes to the same result on the facts. 15
7. With reference to the rules relating to formation of contracts, explain what is meant by a “subject to contract” qualification. How does Lord Briggs use the approach of the courts in “subject to contract” cases to support his approach to the NOM clause? 15

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