Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

PILAVACHI & CO. v. BANK OF ATHENS.

(1928) 31 Ll.L.Rep. 325

JUDICIAL COMMITTEE OFTHE PRIVY COUNCIL.

Before the Lord Chancellor (Lord Hailsham), Viscount Sumner and Lord Atkin.

Banking-Sale of goods-Negligence of bank -Failure of bank to make proper tender of documents to buyers-Measure of damage-Goods shipped by sellers not in conformity with contract-Right of buyers to reject-Rejection by buyers on ground of non-conformity - Substituted proposal that buyers should take up documents and pay draft on indemnity to repay balance found due by arbitrator-Alleged duty of bank to communicate proposal to sellers - Exhaustion of mandate - Whether bank liable for misfeasance as gratuitous bailees-Nominal damages awarded against bank, sellers paying costs.

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