Zenziper Grains and Feed Stuffs v Bulk Trading Corporation Ltd: CA 23 Jan 2001

Where a standard form free-on-truck (FOT) delivery contract provided for several possible destinations for delivery, the responsibility for specifying the place of delivery fell on the seller. There was no proper analogy with an FOB contract. The vessel would be chartered by the seller, and delivered to a port agreed between the seller and the ship-owner, and the characteristics of the ship itself could restrict and control the port of delivery. There would be likely to be other goods consigned also, and it would not make commercial sense for the buyer to specify the port of delivery.

Citations:

Times 23-Jan-2001, [2000] EWCA Civ 307

Links:

Bailii

Jurisdiction:

England and Wales

Contract, Commercial, Transport

Updated: 20 May 2022; Ref: scu.90687