KG Bominflot Bunkergesellschaft Für Mineral Mineralöle mbH & Co KG v Petroplus Marketing AG (The “Mercini Lady”) – English Court of Appeal, 19 Oct 2010

CONTRACT OF SALE -- IMPLIED TERM REGARDING QUALITY AFTER DELIVERY -- CONDITION OF CARGO -- Seller Award Reversing the Commercial Court’s ruling, this appeal succeeded in stating that express contract terms could supersede statutory and common law’s implication that the condition of goods sold in an FOB contract must be a satisfactory quality at delivery and for a reasonable time thereafter.