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Zegluga Polska -v- T R Shipping (No. 2)

6th May 1997

[1998] 2 Lloyd’s Rep. 341

Stephen Kenny acted in a ship sale case for the plaintiff sellers. The Court of Appeal held, in the plaintiffs’ favour and overruling The Aktion, that the “Notice of Readiness” required by Clause 3 of the Norwegian Saleform meant notice of actual readiness, not of prospective readiness.

Sale of ship – Cancellation – Notice of readiness – Contract for sale and purchase of ship – Balance of purchase money to be paid within three banking days after vessel ready for delivery – Sellers gave seven days’ notice – Buyers failed to pay final instalment – Sellers cancelled contract – When at latest buyers became obliged to make payment – Whether buyers agreed to make payment and take delivery on a particular date.

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