Vitol SA v Norelf Ltd - Court of Appeal (Nourse, Kennedy and Hirst LJJ) - 26 May 1995

Repudiatory breach of contract - Innocent party thereafter did not make further performance of the contract - Whether innocent party’s non-performance can constitute acceptance of breach

The parties entered into a contract for the sale of a cargo of propane which provided certain dates for the cargo to be loaded. Before the vessel completed loading the buyers sent a telex to the sellers repudiating the contract on the ground that loading would not be completed within the contractual delivery period. The vessel completed loading and neither party thereafter took any steps to perform the contract.