UK Supreme Court: Buyer cancelling under SALEFORM 2012 clause 14 can claim loss-of-bargain damages for seller’s proven negligence
The UK Supreme Court upheld the Court of Appeal and held that, under a ship sale contract on the Norwegian Saleform 2012, a buyer who lawfully cancels under clause 14 can claim loss-of-bargain damages where the seller’s proven negligence caused it to miss the notice of readiness (NOR) requirement or fail to complete a valid transfer of title by the amended cancelling date. The buyer does not need to separately prove that the seller committed a repudiatory breach to recover the difference between the ship’s market price and the contract price when the MOA ended. The case is a maritime contract law precedent and does not involve any listed company or tradable traditional financial asset.