English Law
“On February 5th Anna contracted to sell to Steven 1000 tonnes of fishmeal CIF London or Southampton, to be shipped from Lebanon.
The bill of lading provided for discharge at Southampton but also contained a clause, usual in the trade, permitting the carrier to discharge at any port in the country of destination.
The contract provided for ‘February shipment from Mediterranean port.’ On February 10th Anna tendered a bill of lading dated February 1st. In all other respects the shipping documents, on their face, complied with the contract.
Anna also supplied a certificate of origin issued by the Lebanese authorities which Steven required in order to import the goods into the UK. Steven had requested this certificate on February 6th. The certificate was in French and indicated that the shipment had, in fact, been made on January 30th. Steven did not notice this and paid for the goods. The ship arrived on February 25th. By this time the market price had fallen to £50 per tonne and Steven, who by this time knew that the goods had been shipped on January 30th, decided to sell them at this price. He now wishes to recover his loss of £50 per tonne from Anna.
Advise Steven under English Law.”
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