CTI GROUP INC v TRANSCLEAR SA (THE “MARY NOUR”)
[2007] Lloyd's Rep. Plus 111
QUEEN’S BENCH DIVISION(COMMERCIAL COURT)
Before Mr Justice Field
Sale of goods fob – Frustration – Implied term – Cement
to be supplied by sellers fob in Far East for ultimate delivery to Mexico –
Sellers’ suppliers refusing to supply cement to sellers because of existence of
cartel – Whether sale contract frustrated – Whether implied term that contract
should be cancelled in the event of monopoly supplier intervening so as to
prevent the supply.