Condition, innominate or will-o‘-the wisp? | Case by Case (Ep. 49)
  • Condition, innominate or will-o‘-the wisp? | Case by Case (Ep. 49)

    Condition, innominate or will-o‘-the wisp? | Case by Case (Ep. 49)
    In this second of their trilogy of ‚look-back‘ cases, Luke and Calum explore the salient case of Bunge Corporation (New York) v Tradax Export SA (Panama) [1981] APP.L.R. 02/25.
    Ever wondered why time-based delivery clauses in a commodities sale and purchase contract are (typically) considered to be conditions?
    Ever wondered what is an innominate term?
    Ever wondered how to tell the difference between a condition and an innominate term?
    Ever wondered what is a ‚will-o‘-the-wisp‘?
    Listen in for answers and check out our ⁠YouTube channel.
  • Mash’s Potatoes | Case by Case (Ep. 48)

    Mash’s Potatoes | Case by Case (Ep. 48)
    As Luke prepares to launch the International Shipping and Commodities intensive law course at the University of Wollongong in a couple of weeks, he’s had cause to look back at some leading cases.
    Back to the 1960s. The Beatles, Civil Rights activism, flares, and… Mash & Murrell Ltd. v Joseph I. Emmanuel, Ltd. [1961].
    Some law doesn’t stand the test of time (much like poorly ventilated potatoes crossing an ocean). Some law does, as we discuss in this pod. For more, check out our ⁠YouTube channel.
  • Be careful what you word for | Case by Case (Ep. 45)

    Be careful what you word for | Case by Case (Ep. 45)
    This week Luke and Calum discuss demurrage claims and time bars in a recent SMA case Stolt Tankers BV v. Stryker Fuels LLC (MT “MONAX”) – SMA No. 4449, 4 August 2022.
    How many times are we going to say that the specific words chosen in a contractual clause are important?!
  • Within the four corners of FM | Case by Case (Ep. 44)

    Within the four corners of FM | Case by Case (Ep. 44)
    In this episode, Luke and Calum discuss the English Court of Appeal decision MUR Shipping BV v RTI Ltd [2022] EWCA Civ 1406 (27 October 2022) handed down by Lord Justice Males.
    Big takeaways for drafting FM clauses moving forward. Check out our YouTube channel for the podcast video: Case by Case Podcast – YouTube
  • The Miracle Hope | Case by Case (Ep. 42)

    The Miracle Hope | Case by Case (Ep. 42)
    A bumper episode on one of Luke’s favourite topics: misdelivery claims. Why? Without wishing to sound too nostalgic – it was over such a claim that he met co-founding partner, Edward Floyd.
    An hour’s worth of detailed analysis. Context, dynamics and specific issues are all explored. For more, check out our YouTube channel.
  • Jakob Reckhenrich

    Jakob Reckhenrich

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