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TITLE | [Unjust Enrichment]Supreme Court Decision 2001Da26828 Delivered on November 28, 2003 [full Text] |
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Summary | |
Whether an issuing bank's refusal of payment under a letter of credit against a negotiating bank due to non-fulfillment of a non-documentary condition constitutes a waiver or a violation of the doctrine of estoppel, in a letter of credit transaction with a non-documentary condition that the issuing bank shall make payment on a letter of credit upon a purchaser's payment for the goods - where the issuing bank sent a notice of acceptance of documentary drafts and other shipping documents presented as attached to the documentary letters of credit to the negotiating bank, requested and extended the maturity dates of certain documentary letters of credit whose maturity dates had arrived, paid damages for losses incurred from the deferred payment, and made payments on certain letters of credit whose maturity dates had already passed (negative) |