Cargill U.K. Ltd. v. Continental U.K. Ltd. - Q.B.D. (Com.Ct.) (Evans J.) - 10 May 1988

Whether f.o.b. buyer can lawfully substitute a different vessel after nomination

The parties entered into an f.o.b. sale contract which incorporated the General Conditions in GAFTA form 79A. The agreement provided that delivery was to be between 5/31 August 1986 without extension, and that the vessel was to present notice of readiness “latest 16 00 hours on the last business day of the delivery period having complied with all the requirements of the nomination clause”.