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Out of time? An implied term that 'time is of the essence'.

In Pharmapac (UK) Ltd v HBS Healthcare Ltd [2022] EWHC 23, the delay in providing facemasks from India rendered the defendant in breach of a contract via email. The high demand and volatile market in the background of the developing Covid-19 pandemic led to the court implying a term that time for delivery was of the essence.

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