The court then considered whether clause 2.1 was an essential term, breach of which would allow Burger King to terminate the contract on the basis of ordinary principles of contract law. It considered a number of other clauses which provided for various procedures if clause 2.1 were not complied with (including the grace period in clause 8.1), and held that clause 2.1 could not be considered an essential term, as it could not be said that Burger King would not have entered the contract without being assured of strict compliance with it.
