The parties had contracted for the defendant to maintain certain of the claimant’s aircraft. Each now asserted breach by the other.
Held: Neither the terms of the contract nor its character made time of the essence for the payments to be made by the claimant, and the defendant was not able to terminate the contract for late payment. The defendant’s actions therefore amounted to a repudiation, which was eventually accepted by the claimant, even if the reasons given by the claimant at the time were incorrect.
Mackie QC J
[2012] EWHC 622 (Comm)
Bailii
England and Wales
Citing:
Cited – Oceanic Freighters Corporation v MV Libyaville Reederei und Schiffahrts GmbH (The Libyaville) QBD 1975
In charterparty disputes guidance may sometimes be found in landlord and tenant law. Using such a principle in this case, Mocatta J held that the acceptance of a smaller sum than the hire due, albeit under strong protest, precluded the shipowner . .
Cited – Afovos Shipping Co SA v R Pagnan and Fratelli ChD 1980
Lloyd J regarded the fact that the breach of contract complained of involved the fault of the applicant as being a telling factor against the grant of relief. Wilful breaches will only exceptionally be relieved against. . .
Cited – Latvian Shipping Company and Others v Stocznia Gdanska Sa CA 21-Jun-2002
A payment condition was just that and that a failure to pay entitled the seller to terminate at common law. Rix LJ said: ‘It is established law that, where one party to a contract has repudiated it, the other may validly accept that repudiation by . .
Cited – Johnstone v Milling CA 1886
The court considered the acceptance of the repudiation of a contract.
Held: Lord Esher MR said: ‘When one party assumes to renounce the contract, that is, by anticipation refuses to perform it, he thereby, so far as he is concerned, declares . .
Cited – Maredelanto Compania Naviera SA v BergbauHandel GmbH (The Mihalis Angelos) CA 1-Jul-1970
mihalisCA1970
The parties had agreed a charterparty. The ship was to sail to Haiphong to load a cargo for delivery in Europe. The charterer had a right to cancel if the vessel was not ready on a certain date, but a few days earlier they repudiated the charter. . .
Cited – Force India Formula One Team Ltd v Etihad Airways PJSC and Another CA 6-Oct-2010
The claimant complained of the failure to honour its sponsorship agreement of its Formula 1 racing team. The court at first instance had found the breaches to have been waived.
Held: Rix LJ discussed the consequences of a breach, saying: ‘this . .
Cited – Durham Tees Valley Airport Ltd v BMIbaby Ltd and Another CA 5-May-2010
Whilst it is correct that damages for breach of contract are assessed on the basis that the party in breach would have performed the contract in the manner least onerous to it, the court will make its counterfactual assessment on the basis that the . .
Lists of cited by and citing cases may be incomplete.
Updated: 12 August 2021; Ref: scu.452309