Quadrant Chambers Commodities Seminar
.Quadrant Chambers hosted a seminar on 29th September, which addressed topical issues of breach and damages, with special reference to commodities cases. The event has been CPD-accredited and was followed by a drinks reception.
- The ugly duckling: a new life for the warranty of quiet enjoyment? Simon Rainey QC analyses the implied warranty of quiet enjoyment under s.12(2)(b) of the Sale of Goods Act 1979 in the light of its expanded application by the Court of Appeal in The Crude Sky and considers its relevance to the ‘permission to use’ analysis adopted by the Courts in OW Bunkers. He asks: has this previously rarely used provision covertly taken on a new lease of (a new) life?
- Are contractual retention of title clauses now useless? Yash Kulkarni looks at the recent decision of the UK Supreme Court in OW Bunkers regarding the application of the Sale of Goods Act 1979 to goods which are sold and consumed prior to payment and asks whether retention of title clauses now provide any effective security to an unpaid seller of consumable goods.
- My buyer has cancelled a shipment. Can I terminate our contract? When parties to a long-term supply/offtake agreement agree that goods sold will be delivered in instalments spread over a lengthy period it can be difficult to assess whether the contract is repudiated and can be safely terminated. David Semark examines the guidance given by the English courts on this point.
- But you profited from my breach of contract! Chirag Karia Q.C. explores the circumstances in which benefits obtained from steps taken in mitigation have to be brought into account to reduce a claim for damages by reference to the English Court of Appeal’s recent decision in Fulton Shipping v Globalia (The New Flamenco).