Sale of Goods Act 1893 – provision in CIF sale, shipped “in good condition” – held not to be a condition precedent
Citrus pulp pellets used in the manufacture of cattle feed were shipped from Port Manattee, Florida to Rotterdam.
Some of the cargo was found to be damaged on outturn. Buyers rejected the entire cargo.
The main question was whether the obligation to ship “in good condition” was a condition of the contract. If it was a condition, buyers could reject a cargo for slight damage, provided it was not de minimis.
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