Routh V. Ellioley Case Study
CONDITIONS
1. SHIP’S CLASS ON THE REGISTER
It amounts to a promise that ship at time of making of the charter is so classed. It has no future assurance that the owner will continue to act to retain the class . The loss of the class may be due to unseaworthiness or some other breach of ship-owners obligations.
Routh v. Macmillan In the case the merchant at New York chartered a ship ‘Hannah Eastee’ classed A1 ship at Lloyd’s for carrying a load of wheat to England. But due to bad management she runs off from A1 power. The cargo arrived safe but the merchants sued for the extra expense for insurance which they repaid to the agent. Court held that the damage which the plaintiff suffered was legal damage.
2. SHIP’S NAME AND NATIONAL CHARACTER
Substantial accuracy in name and national character of ship is a condition of contact of affreightment. It will amount to breach when a ship chartered with a nationality during its voyage change its flag. The nationality of the vessel as stated in the charter may be a condition; e.g. in time of war, when nationality is important circumstances.
3. WHEREABOUTS OF SHIP …show more content…
FRUSTRATION OF CONTRACT OF AFFREIGHTMENT
A contract by supervening and unforeseen circumstances, arising without default on the part of either party becomes impossibility of performance may cease to bind either party to it. It is commonly referred to as frustration of contract. The contracts in such cases come to an end not by reason of any absolving power in the court but by virtue of an implied term in the contract itself. Some possible causes of frustration are war, blockade, strike etc.
Jackson v. Union Marine A ship was chartered on November 1871 for a load of iron to San Francisco. She started her voyage on January 2, 1872 necessary repairs took up to end of August. On February charterers threw up the contract. The jury found that the delay caused by the ship put to an end the commercial speculation entered into by the charterers and justified there
1. SHIP’S CLASS ON THE REGISTER
It amounts to a promise that ship at time of making of the charter is so classed. It has no future assurance that the owner will continue to act to retain the class . The loss of the class may be due to unseaworthiness or some other breach of ship-owners obligations.
Routh v. Macmillan In the case the merchant at New York chartered a ship ‘Hannah Eastee’ classed A1 ship at Lloyd’s for carrying a load of wheat to England. But due to bad management she runs off from A1 power. The cargo arrived safe but the merchants sued for the extra expense for insurance which they repaid to the agent. Court held that the damage which the plaintiff suffered was legal damage.
2. SHIP’S NAME AND NATIONAL CHARACTER
Substantial accuracy in name and national character of ship is a condition of contact of affreightment. It will amount to breach when a ship chartered with a nationality during its voyage change its flag. The nationality of the vessel as stated in the charter may be a condition; e.g. in time of war, when nationality is important circumstances.
3. WHEREABOUTS OF SHIP …show more content…
FRUSTRATION OF CONTRACT OF AFFREIGHTMENT
A contract by supervening and unforeseen circumstances, arising without default on the part of either party becomes impossibility of performance may cease to bind either party to it. It is commonly referred to as frustration of contract. The contracts in such cases come to an end not by reason of any absolving power in the court but by virtue of an implied term in the contract itself. Some possible causes of frustration are war, blockade, strike etc.
Jackson v. Union Marine A ship was chartered on November 1871 for a load of iron to San Francisco. She started her voyage on January 2, 1872 necessary repairs took up to end of August. On February charterers threw up the contract. The jury found that the delay caused by the ship put to an end the commercial speculation entered into by the charterers and justified there