Vitol SA v Beta Renewable Group SA – QBD (Comm Ct), 7 July 2017

SALES CONTRACT - RENUNCIATORY BREACH - FAILURE TO NOMINATE VESSEL - OBLIGATION TO DELIVER When FOB seller indicated an inability to provide cargo, buyer did not nominate a vessel and later, formally accepted seller’s breach.  Seller claimed the non-nomination was an oversight which alleviated it from having to provide the cargo.  Damages claimed by Buyer were basis losses calculated by reference to hedging or alternatively, market value.
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