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Lloyd's Maritime Law Newsletter

The State Trading Corporation of India Ltd. v. M. Golodetz Ltd. - Q.B.D. (Com.Ct.) (Evans J.) - 16 December 1987

Sale of goods afloat - Repudiatory breach by buyers accepted by sellers as terminating contract - Buyers subsequently discover that sellers themselves were in simultaneous repudiatory breach - Whether buyers can rely on sellers’ breach to justify their own non-performance

Golodetz contracted to sell on C & F terms a cargo of sugar which was then afloat and in the course of a voyage from South Korea to Indian ports. The contract also included a “counter-trade” obligation, which meant that the sellers of the sugar agreed that they would buy 60% in value of the sugar in other goods from the buyers at some time during the six-month period following the date of the contract.

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