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 from withdrawing the vessel for short payment.
Mocatta J said: ‘the courts should do their best, consistently with legal principles, to give effect to this clause, which . . shows a praiseworthy effort to reduce the technicalities, inappropriate to a commercial relationship, which so often arise in connection with the right to withdraw a ship under a time charter.’
Mocatta J
[1975] 1 Lloyds Rep 537
England and Wales
Cited by:
Cited – Jet2Com Ltd v SC Compania Nationala De Transporturi Aeriene Romane Tarom Sa ComC 15-Mar-2012
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2021; Ref: scu.459945