A time charterparty required a voyage via the Suez Canal, which then closed during the 1956 crisis. The charterers argued the contract was frustrated. The Court of Appeal held it was not; the longer, more expensive voyage around the Cape was not radically different. Facts The owners of the vessel, The Eugenia, (Ocean Tramp Tankers Corporation) chartered it to the charterers (V/O Sovfracht) for a time charter trip from Genoa to India via the Black Sea. The charterparty contained a war clause which stipulated that the vessel should not be brought into any zone which was dangerous as a result
Contractors agreed to build houses for a fixed price in eight months. Due to an unexpected labour shortage, it took 22 months and cost significantly more. The court ruled the contract was not frustrated, as increased difficulty or expense does not fundamentally change the obligation. Facts In July 1946, Davis Contractors Ltd tendered for a contract with Fareham Urban District Council to build 78 houses for a fixed sum of £94,424. The work was scheduled to be completed within 8 months. Included with the tender was a letter stating the bid was subject to adequate supplies of labour and materials
A room was hired to view a royal procession which was subsequently cancelled. The hirer had paid part of the fee. The court ruled he could not recover the sum paid and remained liable for the balance, establishing the harsh 'loss lies where it falls' principle. Facts The claimant, Mr Chandler, agreed to hire a room from the defendant, Mr Webster, for the purpose of viewing the coronation procession of King Edward VII on 26 June 1902. The total price for the hire of the room was £141 15s, payable immediately. The contract stated, ‘To view the Royal Coronation Procession.
Facts In early 1914, the defendants, T. W. Allen & Sons Ltd, who were timber merchants in Hull, agreed to sell 70 standards of Finland birch timber to the plaintiffs, Blackburn Bobbin Co. Ltd. The delivery was to be free on rail at Hull. It was the normal course of business for English timber merchants like the defendants to import timber from Finland and hold it in stock. However, at the time of the contract, the defendants had no stock of Finland birch timber and intended to fulfil the contract by sourcing it directly from their supplier in Finland for
Facts The appellants (Bank Line, Ltd, “the charterers”) entered into a time charter-party with the respondents (Arthur Capel & Co, “the owners”) on 16th February 1915 for the steamship *Quito*. The charter was for a period of twelve months, commencing upon delivery of the vessel at a coal port in the UK. The charter-party stipulated that the vessel was to be delivered by 30th April 1915, and provided the charterers with an option to cancel the contract if she was not delivered by this date (clause 26). The contract also contained a standard exception for “restraint of Princes, Rulers or
