COMPAGNIE COMMERCIALE SUCRES ET DENREES v. C. CZARNIKOW LTD. (THE “NAXOS”)

[1989] 2 Lloyd's Rep. 462

COURT OF APPEAL

Before Lord Justice Lloyd Lord Justice Butler-Sloss and Sir Michael Kerr

Sale of goods (f.o.b.) - Non-performance - Condition - Breach - Term in contract required sellers to have goods ready to be delivered to buyers at any time within contract period - Sellers failed to deliver cargo on presentation of vessel - Buyers regarded sellers in default and terminated contract - Whether sellers in breach of condition - Whether contract validly terminated - Whether buyers entitled to damages.