Congimex Compania Gerac De Commercio v. Tradax Export S.A. - Q.B.D. (Com.Ct.) - (Staughton J.) - 11 June 1981

Bills of lading - Whether frustrated by inability to discharge goods owing to change in law of country of discharge

Tradax sold 16,500 tons of soyabean meal to Congimex under four contracts of sale c.i.f. Free Out Lisbon. Shipment was to be in four instalments, the first in December 1974 and the last in August 1975. The terms of payment were that, for three of the contracts, a letter of credit was to be opened in New York one or two months prior to each shipping period, and for the fourth contract - by cash against shipping documents in New York. The contracts incorporated GAFTA Form 100 and were governed by English law.