Thoresen & Co (Bangkok) Ltd v Fathom Marine Company Ltd & Ors
The words 'sub details' in Clause 10 have a recognised meaning in shipping and sale of ships transactions, indicating that no binding contract exists until all details are agreed. The context and exchanges between the parties confirm that the agreement was not intended to be binding until further details were settled.
- Parties
- Claimant: Thoresen & Co (Bangkok) Ltd; Defendant: Fathom Marine Company Ltd; Defendant: Brazilian Hope Shipping Company Ltd; Defendant: Yale Shipping Company Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 09 February 2004
- Procedural Posture
- Commercial Contract Dispute / Judgment After Expedited Trial
- Outcome
- Claim dismissed
- Legal Topics
- Formation of Contract, Sale of Ships, Interpretation of 'subject to Details' Clauses
Case Brief
Summary, issues, holding and outcome
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Parties
Thoresen & Co (Bangkok) Ltd
Claimant
Fathom Marine Company Ltd
Defendant
Brazilian Hope Shipping Company Ltd
Defendant
Yale Shipping Company Limited
Defendant
Procedural Posture
Commercial Contract Dispute / Judgment After Expedited Trial
Legal Issues
- 1 Whether a binding contract for the sale of vessels was concluded on 27 November 2003
- 2 Interpretation of 'sub details' in Clause 10 of the recap e-mail
Ratio Decidendi
The words 'sub details' in Clause 10 have a recognised meaning in shipping and sale of ships transactions, indicating that no binding contract exists until all details are agreed. The context and exchanges between the parties confirm that the agreement was not intended to be binding until further details were settled.
Court Disposition
Claim dismissed
Full Case Text
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