Lesson 2 Flashcards
The Julia Case
Seller loaded rye on the ship and payment was made to the agent who received the delivery order by Belgian Grain.
For delivery the goods- at various steps, procedure was required to be followed.
Bill of lading was not given to the buyer as seller wanted to divide the goods which are recorded on the bill of lading and sell to various buyers.
Due to WW2 the ship never arrived in Germany and Van Bree didn’t receive any rye that was meant to arrive there.
Can the buyer retrieve the entire price paid for purchasing the rye?
Amount paid for the buyer was for CIF contract. ouse of Lords held that a contract of sale, where the goods were subject to a condition precedent (the arrival of the goods), could not be enforced if the condition was not fulfilled. The case dealt with the breach of a contract for the sale of goods that were lost at sea before arrival, and the court ruled that the buyer could not claim damages because the contract was not yet effective due to the non-fulfillment of the condition.
