HOECHEONG PRODUCTS CO. LTD. v. CARGILL HONG KONG LTD.

[1995] 1 Lloyd's Rep. 584

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

Before Lord Jauncey of Tullichettle, Lord Ackner, Lord Oliver of Aylmerton, Lord Mustill and Lord Woolf

Sale of goods (f.o.b.) - Force majeure clause - Under-delivery - Sellers to provide certificate attesting to force majeure event - Whether certificate should also state that sellers’ supply adversely affected by force majeure event and that sellers unable to obtain goods from alternative source - Whether sellers could rely on force majeure clause. Practice - Procedure - New issue on appeal - Court decided in favour of buyers on ground of its own devising - Issue not pleaded or investigated at trial or argued on appeal - Whether sellers’ appeal against decision should be allowed.