Gill & Duffus S.A. v. Société Pour L’Exportation Des Sucres - Ct. of Appeal (Sir John Donaldson M.R., Stephen Brown L.J. and Woolf J.) - 22 January 1986

Stipulation as to time for nominating port - Whether condition or warranty

This appeal arose out of a contract for the sale of sugar. The contract provided for the delivery of the sugar f.o.b. a port to be nominated “ at latest Monday 14.11.83” and for shipment to be “December 1983/January 1984 with 14 days’ notice in respect of the vessel’s ETA”. The nomination of the port was the duty of the sellers and the giving of the vessel’s ETA the duty of the buyers.