Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

TSAKIROGLOU & CO., LTD. v. NOBLEE & THORL, G. M.B.H.

[1961] 1 Lloyd's Rep. 329

HOUSE OF LORDS

Before Viscount Simonds, Lord Reid, Lord Radcliffe, Lord Hodson and Lord Guest

Sale of goods (c.i.f.) - Non-performance - Alleged frustration due to closing of Suez Canal-Whether shipment prevented by force majeure-Meaning of "shipment"- Effect of finding of fact by I.O.S.A. Board of Appeal that performance via Cape of Good Hope "was not commercially or fundamentally different" from performance via Suez Canal-Incorporated Oil Seed Association Contract No. 38.

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