Defendants chartered a ship to New Zealand, where they were to load her, or by an agent there to give Plaintiff, the owner, notice that they abandoned the adventure; in which case they were to pay him 5001. The ship went to New Zealand, but found neither agent nor cargo there, and the captain made a circuitous voyage home, by way of Batavia. This voyage, after making every allowance for increased expense and loss of time, was more profitable than the original adventure to New Zealand would have been. Plaintiff having sued Defendant on the charterparty for breach of covenant, held, that he could not recover the 5001. penalty in addition to the profit of the homeward voyage.
Citations:
[1830] EngR 875, (1830) 7 Bing 169, (1830) 131 ER 65
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited HL 1912
The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the . .
Cited – Fulton Shipping Inc of Panama v Globalia Business Travel SAU (Formerly Travelplan SAU) of Spain ComC 21-May-2014
The former owners of the ‘New Flameno’ appealed from an arbitration award. A charter of the vessel had been repudiated with two years left to run. The owners chose to sell. They made a substantial profit over the price they would have received after . .
Lists of cited by and citing cases may be incomplete.
Transport, Damages
Updated: 15 August 2022; Ref: scu.321755