Testing the Limits of Interpretation
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Authors
Shmilovits, Liron
Publication Date
2016-02-15Journal Title
Lloyd's Maritime and Commercial Law Quarterly
ISSN
0306-2945
Type
Other
Metadata
Show full item recordCitation
Shmilovits, L. (2016). Testing the Limits of Interpretation. [Other]. https://doi.org/10.17863/CAM.27469
Abstract
PST Energy 7 Shipping LLC v OW Bunker Malta Ltd (The Res Cogitans) was a contest between two arguably incredible propositions. On one side, the appellant shipowners submitted, by an ingenious argument, that they did not have to pay for bunker fuel which they had ordered, received and consumed. On the other side, the respondent oil suppliers countered that the Sale of Goods Act 1979 ("SGA") did not apply to the supply contract. The Court of Appeal opted for the least implausible outcome, holding that the supply contract was not a contract for the sale of goods, and so the shipowners did have to pay for the fuel. In policy terms, the Court’s reasoning challenges recent orthodoxy on contractual interpretation.
Embargo Lift Date
2100-01-01
Identifiers
This record's DOI: https://doi.org/10.17863/CAM.27469
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