Lloyd's Law Reports Plus

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

PETROPLUS MARKETING AG v SHELL TRADING INTERNATIONAL LTD (THE "NINAE")

[2009] Lloyd's Rep Plus 83

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Andrew Smith

Sale of goods (fob) - Contract for sale of high sulphur fuel oil - Price based on Platts quotation for bill of lading date - Contract providing for payment in full without deduction - Delay in shipment caused by sellers' breach of contract - Market price of oil increasing between last contractual shipment date and actual shipment date - Whether sellers precluded from recovering increase in price caused by delay in shipment - Whether sellers seeking to rely on own wrong.

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