BP has sent Anadarko a bill for $272.2 million; Anadarko is "assessing our contractual remedies".
The normal contractual remedies of damages, specific performance or injunction were not enough, and the publishers should pay any money owing to Blake to the Crown.
When a covenant in a lease is breached the general contractual remedies - injunction, specific performance and damages - are available to whichever party suffers as a consequence.
The case provides a useful distinction between contractual and aedilitian remedies for latent defects.
The problems are not all one-sided, however, as it may be that a supplier of equipment or software has to fall back on contractual remedies.
If this happens then normal contractual remedies are available to the aggrieved party if the statement turns out to be untrue.
This is helpful in situations where, as in the Takeover Panel cases, no statutory or contractual remedy is otherwise available.
It can be seen that any contractual remedy that P2 has would be against P1.
First, if the retailer became insolvent, then Alice would have no contractual remedy.
However, even though default may not result in crystallisation the company will be in breach of contract and the chargee will have appropriate contractual remedies.