VITOL S.A. v. ESSO AUSTRALIA LTD. (THE “WISE”)

[1989] 2 Lloyd's Rep. 451

COURT OF APPEAL

Before Lord Justice O’Connor Lord Justice Mustill and Lord Justice Nourse

Sale of goods (c. & f.) - Rejection -Short delivery - Buyers accepted vessel nominated by sellers - Vessel loaded less than contractual quantity - Vessel struck by exocet missile - Buyers rejected goods - Whether title and risk passed to buyers on acceptance of nominated vessel - Whether buyers entitled to reject goods.