ABSTRACT
This chapter analyses the last phase of the life cycle of a sales contract concluded on shipment terms, i.e. rejection and termination of the contract. One of the peculiarities of contracts concluded on shipment terms lies with the dual mode of performance by a seller, i.e. physical and documentary. The sub- purchasers refused to take delivery, alleging that the shipment had not been made during the contract month. Breaches of physical duties may, in practice, overlap with breaches of documentary duties; by way of example, a bill of lading dated outside the contractual shipment period represents a simultaneous breach of documentary duties. This chapter deals with a scenario whereby the documentary defects remained confined to the documents alone, as the cargo was shipped within the shipment time, but the bill of lading did not carry the exact date of shipment.
