August 28, 2025
Jackson v Union Marine Insurance Co 02 Dec 1874 LR 10 CP 125, Ex Ct
A ship was chartered for a specific voyage but was stranded and required extensive repairs, causing a delay of many months. The court held that this delay frustrated the commercial purpose of the venture, thereby releasing the charterers from their obligations. Facts The plaintiff, a shipowner, secured an insurance policy with the defendants for loss of freight on his ship, the Spirit of the Dawn. The policy covered perils of the sea. Subsequently, the plaintiff entered into a charterparty on 16 November 1871, for the ship to proceed ‘with all possible dispatch’ from Liverpool to Newport, and there load a
