Oetker v. Internationale Frachtagentur A.G. (The Almak) - Q.B.D. (Com.Ct.) (Mustill J.) - 12 December 1984

Master of time-chartered vessel signs bill of lading bearing incorrect date - Whether this constitutes breach of contract by time-charterers with voyage sub-charterers

Time-charterers and disponent owners of the tank vessel Almak sub-chartered her to IFA. Clause 26 provided that bills of lading were to be signed as the sub-charterers directed, without prejudice to the sub-charter. The sub-charterers gave the usual express indemnity. On the same day, IFA re-chartered the vessel to M. on virtually the same terms. The purpose of the charter contracts was to enable M. to lift a cargo of oil and products which had been purchased from Petrolexport, a Romanian state trading company. Under the purchase contract, the price of the goods was fixed by reference to the ruling prices on the bill of lading date, as stated in Platts Oilgram.