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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Ince & Co
News from The Lawyer
Briefings from Ince & Co
Affected parties must think about who will be the ’operator’ for the purposes of the new European regulations.
The commercial understanding of the phrases ‘as is’ or ‘as is where is’ has always been that a buyer must take a yacht in the condition in which she is found at the time defined in the contract.