Contaminated Butane and Propane Creates Fight Over General Terms and Conditions | Gray Reed
To embed, copy and paste the code into your website or blog: Enterprise Products Operating v. Trafigura, A G. asks, Who should pay when a “black blob” that had “the stench of a skunk” was left behind after $27 million worth of an odorless product is delivered from a ship? The case holds that: a plaintiff can recover for losses paid by its insurance company and the parol evidence rule can be avoided in favor of the parties’ course of dealing. Over hundreds of transactions Enterprise sold and Trafigura bought petroleum products. In each, the parties exchanged short documents highlight...
Source: jdsupra.com