Proton Energy Group SA v Orlen Lietuva – QBD (Comm Ct) (HHJ Mackie QC, sitting as a Judge of the High Court) [2013] EWHC 2872 (Comm) – 24 September 2013

Contract – Sale of goods cif – Negotiations for sale and purchase of quantity of crude oil mix – Whether binding contract concluded – Whether buyers in repudiatory breach – Whether sellers suffered loss – Whether buyers would have been entitled to reject goods for misdescription

By an email sent on 14 June 2012 the claimant seller (Proton) made a “firm offer” to sell to the defendant buyer (Orlen) cif Butinge, Lithuania 25,000 mt +/- 10 per cent in the seller’s option of Crude Oil Mix CN27090090, European origin as per the specifications attached, with delivery period at the discharge port during 10 to 15 July 2012 and at a price based on five quotations after the bill of lading date.