If the obligation of seaworthiness in a charterparty contract were a condition precedent then the neglect of putting in a single nail after the ship ought to have been made tight, staunch, etc., would be a breach of the condition and a defence to the whole of the plaintiff’s demand.
Judges:
Lord Ellenborough
Citations:
(1809) 10 East 555
Jurisdiction:
England and Wales
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, Transport
Updated: 04 December 2022; Ref: scu.266190