Cases - Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd
Record details
- Name
- Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd
- Date
- [1962]
- Citation
- 2 QB 26 CA
- Legislation
- Keywords
- Contract – shipping – charterparty – seaworthiness – whether seaworthiness condition precedent – entitlement to rescission – delay - frustration – intermediate stipulation - whether condition or warranty
- Summary
-
On the question of whether a breach of contract was sufficient to entitle the other party to repudiate the contract, Lord Diplock said:
'...where an event occurs the occurrence of which neither the parties nor Parliament have expressly stated will discharge one of the parties from further performance of his undertakings, it is for the Court to determine whether the event has this effect or not. The test whether an event has this effect or not has been stated in a number of metaphors all of which I think amount to the same thing; does the occurrence of the event deprive the party who has further undertakings still to perform of substantially the whole benefit which it was the intention of the parties as expressed in the Contract that he should obtain as the consideration for performing those undertakings?'