The seller did not deliver the vessel by the contractual date for delivery. The buyer exercised his right to cancel and to recover his deposit. He also claimed damages because the vessel was worth $500,000 more on the delivery date than she had been when the contract was made.
Held: A reasonable buyer would have offered, after cancellation, to take the vessel after all and that his loss was attributable to his own unreasonable conduct in failing to make such an offer (which would have been accepted by the seller).
The expression that a vessel had been ‘fixed subject to details’ means that ‘the main terms were agreed, but until the subsidiary terms and the details had also been agreed no contract existed’.
Judges:
Staughton J
Citations:
[1981] 2 Lloyd’s Rep 574
Jurisdiction:
England and Wales
Cited by:
Appeal from – Sotiros Shipping Inc v Sameiet; The Solholt CA 1983
The seller had failed to deliver the vessel he had sold by the delivery date. The buyer cancelled and requested return of his deposit, also claiming damages because the vessel was worth $500,000 more on the delivery date than she had been when the . .
Lists of cited by and citing cases may be incomplete.
Contract, Damages
Updated: 09 May 2022; Ref: scu.223527
