The parties disputed the termination of a charterparty for anticipatory repudiatory breach.
Held: To the extent that the dispute relied on disputes of fact, the court preferred the evidence of the claimant. The defendant had displayed an intention to repudiate the contract. The claimant was entitled to accept that renunciation as a repudiatory breach and terminate the charterparty.
Judges:
Flaux J
Citations:
[2009] EWHC 2974 (Comm)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Hochster v De La Tour QBD 25-Jun-1853
The plaintiff said that the defendant had given him a contract to travel with him and to act as the defendant’s courier, but then changed his mind. The plaintiff obtained another engagement to start before the proposed term. The defendant said there . .
Cited – Forslind v Bechely-Crundall HL 1922
A ‘shilly-shallying attitude in regard to the contract’ (Lord Dunedin) may discharge a party to a contract otherwise in breach. Procrastination may be so gross and protracted as to amount to repudiation.
Lord Shaw of Dunfermline said: ‘If, in . .
Cited – Heyman v Darwins Limited HL 1942
An arbitration clause will survive a repudiatory breach: ‘I agree with the Lord Chancellor in thinking that the true ground of the decision in Jureidini v National British and Irish Millers Insurance Co Ltd was the narrowness of the field of . .
Cited – Chilean Nitrate Sales Corporation v Pansuiza Compania de Navegacion SA and Marine Transportation Co Ltd (‘The Hermosa’) CA 1982
Donaldson LJ summarised the law as regards renunciation of a contract, saying: ‘The learned Judge formulated the test to be applied as being ‘whether MTC and the owners acted in such a way as to lead a reasonable person to conclude that they did not . .
Cited – Universal Cargo Carriers Corporation v Citati 1957
The shipowners had cancelled a voyage charter-party because no cargo had been provided. The court asked what delay could lead to a claim for a repudiatory breach of a contract. Devlin J said: ‘This case gives rise to a difficult question. How long . .
Cited – Carswell v Collard HL 1893
Lord Herschell discussed the test for whether a contract had been renounced, and said: ‘Of course the question was not what actually influenced [the innocent party], but what effect the conduct of the [other party] would be reasonably calculated to . .
Cited – Federal Commerce Ltd v Molena Alpha Inc (The Nanfri) HL 1979
The charterers of three ships on time charter had made deductions from time charter hire payments which the shipowners regarded as unjustified. In retaliation the shipowners purported to revoke the authority of the Charterers (to be implied under . .
Cited – British and Beningtons Ltd v North Western Cachar Tea Co Ltd HL 1923
The House looked at the effect of rescission of a contract: ‘It was, however, argued before your Lordships that . . the old contracts were discharged because a varied contract is not the old contract, and as you cannot have a new and varied contract . .
Lists of cited by and citing cases may be incomplete.
Transport, Contract
Updated: 14 November 2022; Ref: scu.381300