Veba Oil Supply and Trading GmbH v Petrotrade Inc (The "Robin") - Court of Appeal (Simon Brown, Tuckey and Dyson LJJ) - 6 December 2001

Sale of gasoil provided that quality should be determined by independent inspector in the manner customary at the loading installation - Inspector using test customary at loading installation but which was not the test specifically referred to in sale contract - Whether mistake material - Whether inspector’s determination binding on parties

The defendant sellers sold the claimant buyers 25,000 metric tonnes of gasoil. Clause 10 of the contract provided that the quantity and quality of the cargo was: