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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11154
Experience:  30 years as a practising solicitor.
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I'm Michael. My question is this: how different is Scottish

Resolved Question:

Hi, I'm Michael. My question is this: how different is Scottish law from English law on questions of implied terms in informal (unwritten) distribution arrangements?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question. I am a lawyer in Scotland. As far as I am aware there are no lawyers on the site who are dual qualified in Scots and English law but I can advise you on Scotls law if that helps. What is the specific situation you need advice on?
Customer: replied 1 year ago.
Thank you. Just got off my flight. Question is this: unwritten distribution relationship, seller in Switzerland, distributor in Scotland. Seller terminated relationship on short notice. Seller is my client. Distributor demanding six months' gross margin in lieu of notice. Not sure if Scotish law applies but covering all bases: would Scottish law imply a reasonable termination notice period and does case law give clues as to how long it should be?
Relationship had lasted 2010 to 2015. May have been just a spot sale relationship but more likely to be found to have been a distreibution relationship.
Turnover varied but around £130k.
This probably goes beyond my original question. Please let me have your estimate if so.
Many thanks
Michael
Expert:  JGM replied 1 year ago.
A termination period would not be implied under the law of Scotland. That is something that would have to be a specific contractual notice period. Implied terms would be for example that goods were of satisfactory quality, would be paid for, would be delivered when said, but as can find no prior cases in Scotland to say that there would an implied term to give notice of termination. The distribution agreement would be time to time and not constant unless otherwise specified.
I hope that helps. Please leave a positive rating so that I am credited for my time.
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