BEM DIS A TURK TICARET S/A TR v. INTERNATIONAL AGRI TRADE CO. LTD. (THE “SELDA”)

[1999] 1 Lloyd's Rep. 729

COURT OF APPEAL

Before Lord Justice Hirst, Lord Justice Mummery and Lord Justice Buxton

Sale of goods (C. & F. F.O.) - Default clause - Construction - Measure of damages - Buyers failed to obtain permit for importation of tapioca into Turkey - Dispute referred to arbitration - Sellers awarded sum paid in respect of cancellation of charter - Whether damages recoverable at common law - Whether damages excluded by terms of default clause.