References: (1855) 5 E&B 714, [1855] EngR 842, (1855) 5 El & Bl 714, (1855) 119 ER 647
Links: Commonlii
Ratio:The parties agreed a charterparty involving the ship arriving at a port and taking 45 days to unload and load up before leaving. The defendant ordered the boat to leave early and without the cargo. He pleaded that, war having been declared between Britain and Russia, it would have been unlawful to load up. This would have counted as trading with the enemy.
Held: No cause of action for breach of contract had arisen before the performance of the contract would have become unlawful. A frustrating event (the Crimean War) could excuse further performance of a contract even if the relevant party was already in breach.
This case is cited by:
- Cited – Okta Crude Oil Refinery A D -v- Mamidoil-Jetoil Greek Petroleum Company S A and Another CA (Bailii, [2003] EWCA Civ 1031, [2003] 2 All ER (Comm) 640, [2003] 2 Lloyd’s Rep 635)
The parties had contracted to allow an exclusive right to deliver oil by tanker and to sell into Macedonia. The defendants claimed they were overborn, and claimed exemption under a force majeure clause.
Held: The acts which had made the . . - See Also – Avery -v- Bowden ([1856] EngR 3, Commonlii, (1856) 6 El & Bl 962, (1856) 119 ER 1122)
. . - See Also – Avery -v- Bowden ([1856] EngR 2 (B), Commonlii, (1856) 6 El & Bl 972)
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(This list may be incomplete)
Last Update: 10-Jun-16
Ref: 184745
