As at the date of their failure to nominate loading places and silos, the sellers were in default of fulfilment of a contract and it was at that date that they failed to carry out the contract. Thereafter, the buyers were not obliged immediately to treat the sellers as being in default. They had the choice to keep the contract open and hold the sellers in default at a later date, but that did not mean that the date of default was changed; that date remained the day when time for performance came and went without due performance, namely when the sellers were obliged, but failed, to nominate load places and silos. Once the sellers were in default of their obligation to declare loading places, further defaults inevitably followed.
Judges:
Robert Goff J
Citations:
[1979] 2 Lloyd’s Rep 98
Statutes:
Sale of Goods Act 1979 51(3), GAFTA
Jurisdiction:
England and Wales
Cited by:
Cited – Fleming and Wendeln Gmbh and Co v Sanofi Sa/Ag ComC 20-Mar-2003
The parties concluded a contract for the sale and purchase of 20,000MT up to 30,000MT at Sellers’ option Russian/Ukrainian black sunseed crop 1997. The price was to ‘be fixed for each shipment latest 15 days prior delivery . . In case . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 27 June 2022; Ref: scu.180029
