Issues of contractual commitment and determining when the specification of goods is part of their description
Ince & Co previously reported on the earlier incarnation of Proton Energy Group SA v Orlen Lietuva in its April 2013 Legal Update, in which the claimant was unsuccessful in an application for summary judgment. This latest decision of the Commercial Court follows the full trial of the case on the question of whether a binding contract had been concluded between the parties.
The trial judge also addressed the parties’ various arguments in relation to the terms of the contract and the judgment contains an interesting passage on the often thorny question of whether the contract specification forms part of the description of the cargo or is simply dealing with quality.
Proton Energy Group, a Swiss trader of oil- and gasoline-related products, and Orlen Lietuva, a petroleum refining company incorporated in Lithuania, exchanged emails regarding the sale and purchase of crude oil mix. The parties accepted that a number of exchanges had occurred on 14 June 2012…
If you are registered and logged in to the site, click on the link below to read the rest of the Ince & Co briefing. If not, please register or sign in with your details below.
News from Ince & Co
News from The Lawyer
Briefings from Ince & Co
Damages for breach of terms as to quality — does the Sale of Goods Act limit such damages to depreciation in value?
This sale contract dispute provides a useful refresher with regard to the proper application of the provisions of sections 53 and 54 of the Sale of Goods Act 1979.
On 1 August 2014, the ‘Provisional Measures on the Collection of Tax on Non-Resident Taxpayers Engaged in International Transportation Business’ came into force.