“…He also noted Bingham LJ’s dictum in The Aramis [1989] 1 Lloyd’s Rep 213 at 224, that “it must be fatal to the implication of a contract if the parties would or might have acted exactly as they did in the absence of a contract. ...”…”
“…ters “were written with the intention of carrying out what were thought to be existing obligations, not of creating any new obligation”: see 558. In The Aramis [1989] 1 Lloyd’s Rep 213, Stuart-Smith LJ said at 229-230:…”
“…ion of the arbitral tribunal. Such conduct is not consistent only with an agreement on the part of the defendant to accept the court’s decision (cf. The Aramis [1989] 1 Lloyd’s Rep 213) and any implied contract would be highly artificial. Moreover, whatever may be the consequences of disobedience to a court order giving rise to liability for …”
“… inferred “if the conduct relied upon is no more consistent with an intention to contract than with an intention not to contract” (per Bingham LJ in The Aramis [1989] 1 Lloyd’s Rep 213, at 224), and where the parties’ conduct “is equally referable to and explicable by their existing rights and obligations …, there is no material from which th…”