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Ousting conditions and warranties (buyer's rights) : the Mercini lady case / Akhileshwar Pathak.
- Format:
- Book
- Author/Creator:
- Pathak, Akhileshwar, 1960- author.
- Series:
- SAGE Business Cases.
- SAGE Business Cases
- Language:
- English
- Subjects (All):
- KG Bominflot.
- Petroplus Marketing AG.
- Clauses (Law)--Europe--Case studies.
- Clauses (Law).
- Petroleum industry and trade--Europe--Case studies.
- Petroleum industry and trade.
- Contracts--Europe--Case studies.
- Contracts.
- Europe.
- Genre:
- Case studies.
- Physical Description:
- 1 online resource.
- Place of Publication:
- London : Indian Institute of Management, Ahmedabad, 2018.
- System Details:
- text file
- Summary:
- This case focuses on a legal dispute between KG Bominflot, a German company and supplier of gasoil, and Petroplus Marketing AG, a Swiss company purchasing the gasoil. However, gasoil supplied by KG Bominflot failed to meet the agreed upon purity in a sediment test Petroplus Marketing AG thus rejected the goods, terminated the contract and claimed USD 3 million in damages to make up the difference e in the value of the cargo, freight, demurrage and other consequential losses. The question before the British courts was whether the exclusion clause had ousted the implied conditions.
- Notes:
- Originally Published In Pathak, A. (2018). Ousting Conditions and Warranties (Buyer's Rights): The Mercini Lady Case. BP0421. Ahmedabad, India: Indian Institute of Management, Ahmedabad.
- Description based on XML content.
- ISBN:
- 9781526497772
- 1526497778
- OCLC:
- 1199999762
- Access Restriction:
- Restricted for use by site license.
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