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#contract #law #terms
The approach adopted in The Mihalis Angelos was approved by both the Court of Appeal and the House of Lords in the case of Bunge Corporation v Tradax Exports SA [1981] 1 WLR 711. Again, the subject of contention was an 'expected readiness to load' clause. Both courts rejected any attempt to be swayed by the Hong Kong Fir test and, approving the decision in The Mihalis Angelos, declared that the clause was a condition. Lord Wilberforce stated that to find otherwise 'would fatally remove from a vital provision in the contract that certainty which is the most indispensable quality of mercantile contracts'.
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