The court considered a claim for a breach of a charterparty.
Held: The sailing with the first convoy was not a condition precedent, the object of the contract was the performance of the voyage and that had been performed. It was useless to go over the same subject again ‘which has so often been discussed of late.’ Lord Ellenborough said: ‘The principle laid down in Boone v. Eyre has been recognised in all the subsequent cases that unless the non-performance alleged in the breach of contract goes to the whole root and consideration of it the covenant broken is not to be considered as a condition precedent but as a distinct covenant for breach of which the party may be compensated in damages unless by the breach of the stipulation of the fitness of the vessel the object of the voyage is wholly frustrated.’
Judges:
Lord Ellenborough
Citations:
[1810] 12 East 381
Jurisdiction:
England and Wales
Citing:
Cited – Boone v Eyre 1777
Unless the non-performance alleged to constitute the breach of the contract goes to the whole root and consideration of it the covenant broken is not to be considered as a condition precedent but as a distinct covenant for breach of which the party . .
Cited by:
Cited – Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd CA 20-Dec-1961
The plaintiffs had recently acquired the ship the ‘Hong Kong Fir’ and contracted to charter it to the defendants, but being late in delivering it, the defendants cancelled the charterparty contract. The plaintiffs said the repudiation was wrongful, . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 04 December 2022; Ref: scu.266191