CTI GROUP INC v TRANSCLEAR SA (THE “MARY NOUR”)

[2008] 1 Lloyd's Rep. 179

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Field

Sale of goods fob - Frustration - Implied term - Cement to be supplied by sellers fob in Far East for ultimate delivery to Mexico - Sellers’ suppliers refusing to supply cement to sellers because of existence of cartel - Whether sale contract frustrated - Whether implied term that contract should be cancelled in the event of monopoly supplier intervening so as to prevent the supply.