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Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

Contact

Contact with chambers should be made through the Practice Management Team. They are happy to discuss client requirements and provide further information on such matters as the expertise and experience of individual members, fees, working practices and languages spoken. We have members able to work in French, German, Italian, Spanish, Dutch, Swedish, Greek and Chinese (Mandarin).

Outside working hours, a member of our team is always available to be contacted on matters of an urgent nature. Contact should be made using the Chambers main number or email.

To contact our Singapore office, please contact our BD Director, Asia, Rachel Foxton. Out of office hours calls will automatically be diverted to our clerking team in London.

London

20 Essex Street
London
WC2R 3AL

enquiries@twentyessex.com
t: +44 20 7842 1200
DX 0009 Lond/Chan Lane

Singapore

28 Maxwell Road
#02-03
Maxwell Chambers Suites
Singapore 069120

singapore@twentyessex.com
t: +65 62257230

19/10/2010

KG Bominflot Bunkergesellschaft für Mineraloele v Petroplus Marketing AG

This is an archived article, and some links may not work. Contact us if you have any questions.

This was an appeal from parts of the decision of Field J (reported at [2009] 2 Lloyd’s Rep.269) relating to various preliminary issues concerned with the implied obligations of the FOB seller as regards the ability of a cargo of gasoil to remain of satisfactory quality and on specification for a reasonable time after delivery. On the appeal, the seller accepted that, subject to an exclusion clause, there would be an implied term (by virtue of s.14(2) of the SGA 1979 and at common law) that the cargo must be capable on delivery of remaining of satisfactory quality for a reasonable period but argued (a) that there was no further implied term that the cargo was capable on delivery of remaining on spec for a reasonable period; and (b) that both implied terms were in any event excluded by the terms of the contract which provided that there were “no gauarantees, warranties…express or implied of merchantability, fitness or suitability of the oil for any particular purpose”. The Court of Appeal allowed the appeal on the first point but rejected it on the second. On the first point the Court of Appeal concluded that there was no justification for implying the additional term. On the second point the Court of Appeal concluded that there was a long-standing judicial consensus at the highest level that in order to exclude a true condition it was necessary to specifically refer to “conditions”: reference to warranties or guarantees was not sufficient. The seller has sought permission to appeal on the second point.


Philip Edey QC appeared for the Respondent/Buyer, KG Bominflot, instructed by .


Click here for Judgment

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