Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

MALLOZZI v. CARAPELLI S.P.A.

[1976] 1 Lloyd's Rep. 407

COURT OF APPEAL

Before Lord Justice Megaw, Lord Justice Roskill and Lord Justice Goff

Sale of goods (c.i.f.) - Demurrage - Shipment of maize and oats from the Plate to Italy - First port of discharge to be mutually agreed between parties - Buyers to pay demurrage as per charter-party - No provisions in charter-party - Bills of lading relating to oats falsely dated - First port of discharge nominated unilaterally by sellers - Payment of demurrage by buyers under protest - Whether buyers entitled to damages and repayment of demurrage paid - London Corn Trade Association form no. 41.

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