R. PAGNAN & FRATELLI v. CORBISA INDUSTRIAL AGROPACUARIA LTDA.

[1969] 2 Lloyd's Rep. 129

QUEEN'S BENCH DIVISION (COMMERCIAL COURT)

Before Mr. Justice Roskill

Sale of goods (c.i.f.)-Waiver-Rejection- Damages-Admitted breach of contract by sellers-Whether buyers waived right to damages or agreed to accept goods on arrival -Whether buyers entitled to reject goods on account of their condition on arrival- Purchase by buyers of goods previously rejected by them-Assessment of damages- London Corn Trade Association, Ltd., Contract Form No. 32 (Rye Terms). Damages-Breach of contract-Assessment- Breach by sellers of c.i.f. contract-Whether damages calculated by reference to market value at date of breach-Goods rejected by buyers - Whether subsequent purchase of goods by buyers to be taken into account. Arbitration-Award-Annexing of documentary evidence-Comments by Court.