Tsakiroglou & Co. Limited v. Noblee Thorl Gesellschaft mit beschrankter Haftung
House of Lords
AC 93 (1962)
Relevant factsFree
Tsakiroglou (defendant) failed to ship contracted Sudanese groundnuts to Noblee (plaintiff) after the Suez Canal, the customary shipping route, was blocked by military conflict, even though shipment via the longer Cape of Good Hope route remained possible; the contract itself was silent on which route would be used, and there was no evidence the buyer cared about the specific route or that a delivery-date delay would spoil the goods.
IssueFree
Whether a contract for the international sale of goods is frustrated because circumstances arising after the contract's execution require the goods to be shipped via a more expensive route than the customary route.