GAFTA (FOB매매계약)표준계약서식의 위반조항에 관한 판례분석

Bunge SA v. Nidera BV (2015) is providing guidance on the assessment of damages arising out of a wrongful repudiation of a contract for the sale of goods. The contract incorporated GAFTA Form 1949 (as in effect from 1 January 2006), which is the standard form of FOB sale contract of the Grain and Feed Trade Association, for goods delivered from central or Eastern Europe in bulk or bags. Anticipatory breach of contract, probably more accurately referred to as renunciation, is a concept which can be traced back to the earliest years of the common law but was first coherently formulated in terms of legal principle. The parties should be directed to deal in writing with the question whether the award should also be varied so far as it awarded costs against the sellers, and with the incidence of costs of the proceedings following the award. In this dispute, the sellers argued that they had been entitled to refuse to load the cargo of Ukrainian feed barley onto the buyers’ nominated vessel because the cargo holds were allegedly not fit to receive or carry the cargo due to coal residue.