Law 5110 Study Guide - Quiz Guide: Obiter Dictum, The Seller, Gustav Holst
Document Summary
Whilst the principle of strict compliance would suggest that the possibility of the seller during the documentary defect is incompatible. Court held that the sellers were entitled to renominate the vessel, curing a previous defective documentary performance, since the renomination happened within the time limit established by the sale contract. Obiter in siat did al ferro v tradax is another authority in favour of the seller"s right to cure documentary defects: Soon hua seng co v glencoe (obiter): the strictness of documentary duties may sometimes be mitigated by the sellers" ability to correct and represent the documents. Thus obiter suggests the possibility for a seller to cure documentary defects eg. where there is an existence of a time limit for the presentation of documents. The seller has both physical and documentary duties which give rise to separate and independent rights of rejection.
