FINSKA CELLULOSAFORENINGEN (FINNISH CELLULOSE UNION) v. WESTFIELD PAPER COMPANY, LTD.

(1940) 68 Ll L Rep 75

KING'S BENCH DIVISION.

Before Lord Caldecote (Lord Chief Justice).

Sale of goods (c.i.f.) - Rejection of documents-Sale of woodpulp by plaintiffs to defendants-Shipment from Finland to Leith - Goods discharged at Baltic port-Tender of documents comprising invoice, certificate of insurance and bill of lading-Bill of lading containing clause: "All conditions and exceptions as per charter-party dated [blank]"- Slip attached containing "F.A.A. Current War Risk Clause" providing that "If in the event of the imminence or existence of war . . . the safe navigation of the vessel should be endangered or carrier's or master's control over the use or movements of the vessel should be interfered with by any power . . . or goods loaded under this bill of lading or part thereof become contraband of war . . . the carrier or master to have the right to discharge the cargo at any convenient port or place, which in the master's opinion is safe and where for all purposes the contract voyage shall be considered terminated . . ."-Right of defendants to reject documents- Whether charter-party should have been identified or tendered - Reasonableness of F.A.A. Clause - Whether usual or current in trade - Time at which reasonableness should be tested- Claim by plaintiffs for contract price and war risk insurance premiums.