Appeal from decision that the charterer under a contract of affreightment was not entitled to rely upon an exceptions clause referring to ‘accidents at the mine’ because it would not have been ready and willing to provide cargoes for shipment even if the accident had not occurred, and was therefore in breach of an absolute duty to provide such cargoes; but that nevertheless the shipowner was not entitled to recover substantial damages because this would put it in a better financial position than it would have been in if the charterer had been ready and willing to provide cargoes.
Judges:
Lord Justice Males
Citations:
[2019] EWCA Civ 1102
Links:
Jurisdiction:
England and Wales
Transport
Updated: 08 July 2022; Ref: scu.638817