The parties had contracted for a voyage charter.
Held: A contract of affreightment was not put an end to by a breach of the stipulation of seaworthiness. Lord Atkinson said: ‘The fact that a ship is not in a fit condition to receive her cargo or is from any cause unseaworthy when about to start on her voyage will justify the charterer or holder of the bill in repudiating his contract and refusing to he bound by it.’ It was not relevant to consider the extent and nature of the unfitness or the time and circumstances in which it could be rectified.
 AC 604
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.
Updated: 01 May 2022; Ref: scu.266194