Unsatisfactory Implication - a Case for Revision. Dalmare SpA v Union Maritime Ltd and Valor Shipping Ltd [2012] EWHC 3537 (Comm)
| Author | Mateusz Bek |
| Pages | 69-72 |
S.S.L.R Unsatisfactor y Im plica tion - A Case for R evision. Vol.3
69
Unsatisfactory Implication - A Case for Revision:
Dalm are SpA v Union Maritim e Ltd and Valor
Shipping Ltd [20 12] EWHC 3537 (Comm)
Ma teusz Bek
Until the decision in Air Transw orld 1 it had been trite law that unequ ivocal
lan guage was necessar y in order to exclud e from a contract a ter m implied by
a statute. The recent judgement in The Union Pow er 2 serves as a useful
reminder th at the current state of the law in the area requires further
clar ification.
Background
y a Memorandum of Agreement (“the MOA”) on the Norwegian
Saleform 1993 dated 4 Sep tember 2009, Dalmare SpA (“the sellers”)
agreed to sell an d Union Marit ime Ltd together with Valor Sh ippin g Ltd
(“th e buyers”) agreed to buy th e vessel Calafu ria, now renamed Union Power.
Clause 11 of the MOA stipulated for the condition on delivery in th e following
term s:
“The Vessel shall be delivered and taken over as sh e was at the tim e
of inspection, fair wear and tear excepted. However, the Vessel
shall be delivered with her class main tained extended to 30
September 20 09 without condition/ recomm endation , free of
aver age da mage affecting the Vessels class. The Vessel's continuous
survey cycles of machinery are to be as per current m achin er y
contin uous status at tached hereto (att ached "A"). Her Intern ation al,
National, Class an d Trading Certificat es clean, valid un til 30
September 20 09, except ISSC and SMC to be valid at time of
deliver y on ly, …”.
The buyers inspected the vessel on 18 August 20 0 9. They failed to n otice a
reference in the class records to a n incident in Octobe r 20 02 r eferr ing to damage
to the no. 1 cran kpin of th e main engin e.
1 Air Transworld Ltd v Bombardier Inc [2012] EWHC 243 (Comm); [2012] 1 Lloyd’s Law Rep. 349.
2 [2012] EWHC 3537 (Comm).
B
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