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Since there could be no contract during the period of two days triggered by agreement on “all terms”, there could have been no binding contract at any prior stage. Therefore, Owners had been free to withdraw from the negotiations for the fixture at the stage when the parties had not agreed on “all terms”.
 
Case note contributed by Jim Leighton, LLM (Maritime Law), LLB (Hons), BSc (Hons), Solicitor Advocate of England & Wales, IMI Qualified Mediator, LMAA Supporting Member and International Contributor to DMC’s Case Notes

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