NATIXIS SA v MAREX FINANCIAL AND ANOTHER

[2019] 2 Lloyd's Rep. 431

QUEEN'S BENCH DIVISION(COMMERCIAL COURT)

Before Mr Justice Bryan

Sale of goods – Obligation on seller to pass good title – Common mistake and allocation of risk – Whether duty of care owed by warehouse in authenticating forged receipts – Duty of care to seller – Duty of care to buyer – Nature of bailment – Contributory negligence – Mitigation – Validity of exclusion clause – Law Reform (Contributory Negligence) Act 1945 – Unfair Contract Terms Act 1977.