ABSTRACT
This chapter focuses on the seller's duties in relation to the goods: a difference between the breach of conditions and warranties will be taken into account in order to establish when one deals with a breach which can be considered fatal to the sale contract. It considers the identification and the classification of physical duties within the context of contracts concluded on shipment terms, in light of the relevant provisions of the Sale of Goods Act (SOGA) 1979 and customary contractual arrangements in relation to the goods which often characterise international commercial sales. The distinction between express and implied conditions is of practical importance because, as will be readily appreciated, the common law doctrine of strict compliance is limited to express conditions. A different scenario arises if the sales contract gives no shipment period but incorporates from a charter party an estimated time of arrival at the discharge port.
