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Lloyd's Maritime Law Newsletter

Thoresen & Co (Bangkok) Ltd v Fathom Marine Co Ltd and Ors - QBD (Com Ct) (Langley J) - 9 February 2004

Contract - Negotiations for sale of ships - Recap e-mail providing for contract to be "basis Saleform 93 sub details suitably amended to reflect also the above terms" - Whether parties concluded binding agreement

The claimant alleged that "pursuant to a contract concluded on 27 November 2003" it agreed to buy three vessels, one vessel from each defendant, for the "en bloc price of US$42 million less one percent commission". The defendants denied that any contract of sale was concluded. They said that the agreement reached on 27 November 2003 was not intended to and did not create a binding contract.

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