Slipping Through the Cracks
Repudiation of Contract for Failure to Meet Minimum Size Requirements?
Do screening clauses in dry bulk commodities contracts merely require screening of the cargo to take place or for the screening to result in the removal of all material less than the screen size?
This was the central issue for determination in Westbrook Resources Limited ("Westbrook") v Globe Metallurgical Inc. ("Globe") where the contract for the sale of approximately 30,000 MT of manganese ore between Westbrook (as sellers) and Globe (as buyers) provided:
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