KG Bominflot Bunkergesellschaft fur Mineraloele mbH & Co v Petroplus Marketing AG (The Mercini Lady) [2010] EWCA Civ 1145 (19 October 2010)

KG Bominflot Bunkergesellschaft fur Mineraloele mbH & Co v Petroplus Marketing AG (The Mercini Lady) [2010] EWCA Civ 1145 (19 October 2010)

No special or additional common law implied term requiring goods to remain within specification after delivery is to be implied; only the statutory implied term of satisfactory quality under section 14(2) Sale of Goods Act 1979 applies, and this term is not excluded by clause 18, which does not expressly refer to 'conditions'.

Citation
[2010] EWCA Civ 1145
Parties
Respondent / Claimant: KG Bominflot Bunkergesellschaft für Mineraloele mbH & Co; Appellant / Defendant: Petroplus Marketing AG; Appellant / Defendant: The Mercini Lady
Jurisdiction
England and Wales
Judgment Date
19 October 2010
Procedural Posture
Appeal / Court of Appeal Judgment on Preliminary Issues
Outcome
Appeal allowed in part; special common law implied term rejected; statutory implied term applies and is not excluded by clause 18.
Legal Topics
Implied Terms, Exclusion Clauses, Satisfactory Quality, Fitness for Purpose, FOB Contracts, Statutory Interpretation
Commercial Law Sale of Goods Implied Terms Exclusion Clauses Satisfactory Quality Fitness for Purpose FOB Contracts Statutory Interpretation

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Parties

KG Bominflot Bunkergesellschaft für Mineraloele mbH & Co

Respondent / Claimant

Petroplus Marketing AG

Appellant / Defendant

The Mercini Lady

Appellant / Defendant

Procedural Posture

Appeal / Court of Appeal Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether a special or additional common law implied term exists requiring goods to remain within specification after delivery
  2. 2 Whether the statutory implied term of satisfactory quality under section 14(2) Sale of Goods Act 1979 applies
  3. 3 Whether clause 18 of the contract excludes the statutory implied terms

Ratio Decidendi

No special or additional common law implied term requiring goods to remain within specification after delivery is to be implied; only the statutory implied term of satisfactory quality under section 14(2) Sale of Goods Act 1979 applies, and this term is not excluded by clause 18, which does not expressly refer to 'conditions'.

Court Disposition

Appeal allowed in part; special common law implied term rejected; statutory implied term applies and is not excluded by clause 18.

Orders

  • No special or additional common law implied term to be implied into the contract.
  • Statutory implied term of satisfactory quality under section 14(2) Sale of Goods Act 1979 applies, subject to the facts.