War – Ship – Charter-Party – Breach by Ship – Measure of Damages – Exception of Restraints of Princes
The respondents chartered a ship from the appellants to proceed to M. before a certain date and to load and carry to Japan a cargo which the respondents had bought. The charter-party excepted ‘restraints of princes.’ The appellants failed to provide a ship, pleading as excuse a reasonable apprehension that the ship might be seized by the King’s enemies. The respondents were unable to obtain another ship and had to repudiate their contract with the sellers of the cargo, paying them (after arbitration proceeding) pounds 4500. The respondents claimed as damages pounds 4500 together with such a sum as represented their loss of profit on the venture.
Held ( a) that restraint of princes must be actual not prospective, ( b) that the measure of damages was the difference between the contract price of the cargo at M. and that which it would have fetched in Japan had the voyage been prosecuted, subject to deduction of the amount of the insurance premium the respondents would have required to pay.
Judges:
Lord Chancellor (Lord Finlay), Earl Loreburn, Lords Dunedin, Parker, and Sumner
Citations:
[1917] UKHL 650, 54 SLR 650
Links:
Jurisdiction:
England and Wales
Transport, Contract
Updated: 15 July 2022; Ref: scu.631003