The defendant had chartered a steam ship to the plaintiff which it then sold free from the charter engagements before the date for performance. He had, on the face of it, put it out of his power to perform the charter that he had made. It was argued that this was not so, since the ex-owners might be able to get the new owners to agree to let them have the vessel back to perform the charter.
Held: This was a a clear case of repudiation. This chance was not sufficient to displace the conclusion that in truth the owners simply did not have the means of performing their bargain, as they no longer had the right to the vessel they had agreed to charter.
Citations:
[1919] 2 KB 618
Jurisdiction:
England and Wales
Contract
Updated: 22 August 2022; Ref: scu.471869