The court considered a charterparty of one month’s duration, at a very high rate of freight, limited to trade from the northern ports in the hands of the Republican Government of Spain to ports in France and which made plain that the specific purpose of the charter was the evacuation of the civil population from North Spain. After the completion of only one voyage, the ship was seized by the Nationalists and no more could be done with it.
Held: It was clear that the foundation of the contract had been destroyed as soon as the vessel was seized – because the charterer was unable to make use of it or return it to the owners. The contract was frustrated from that time.
Judges:
Goddard J
Citations:
[1939] 1 KB 132
Cited by:
Cited – National Carriers Ltd v Panalpina (Northern) Ltd HL 11-Dec-1980
No Frustration of Lease through loss of access
The tenant’s access to the premises was closed by the local authority because it passed by a derelict and dangerous building. The tenant argued that its tenancy was frustrated.
Held: The lease was not frustrated. The lease had a term of ten . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 10 May 2022; Ref: scu.259070