Source: All England Reporter
Publisher Citation: [2012] All ER (D) 309 (Oct)
Neutral Citation: [2012] EWHC 3009 (Comm)
Court: Queen's Bench Division, Commercial Court
Judge:

Hamblen J

Representation Philip Edey QC (instructed by Holman Fenwick Willan LLP) for the buyer.
  The seller did not appear and was not represented.
Judgment Dates: 30 October 2012

Catchwords

Sale of goods - Delivery - Implied condition - Claimant buyer and defendant seller contracting re sale of gasoil. Gasoil to be moved from Antwerp to El Ferrol - Gasoil tested and found satisfactory prior to departure but found to be off-specification on delivery - Whether seller in breach of fundamental term of contract - Sales of Goods Act 1979, s 14(2).

The Case

Sale of goods Delivery. The Commercial Court of the Queen's Bench Division considered a claim regarding the transportation of gasoil from Antwerp to El Ferrol. The gasoil, which was tested satisfactorily before it left Antwerp, was found to have been off-specification as to sediment when it arrived in El Ferrol. The court considered whether the change in the gasoil had been the result of contamination or instability, and whether the seller could be found liable for breach of contract. It held that the cargo had been delivered in an unstable state, and hence the seller had been in breach of contract.

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