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

[1970] 2 Lloyd's Rep. 14

COURT OF APPEAL

Before Lord Justice Salmon, Lord Justice Megaw and Sir Frederic Sellers

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 under 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 (forming part of continuous dealing) to be taken into account- Sale of Goods Act, 1893, sect. 51(3).