Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

KAWASAKI KISEN KABUSHIKI KAISYA, OF KOBE v. BANTHAM STEAMSHIP COMPANY, LTD.

(1938) 61 Ll.L.Rep. 131

KING'S BENCH DIVISION.

Before Mr. Justice Goddard.

Charter-party-Cancellation by owners- War-"31. Charterers and owners to have the liberty of cancelling this charter-party if war breaks out involving Japan"-Evidence of extensive fighting in China between Chinese and Japanese armies-No declaration of war made-Diplomatic relation maintained -Letter from British Foreign Office stating that "His Majesty's Government are not at present prepared to say that in their view a state of war exists"-Right of owners to cancel-Construction of charter-party -Arbitration-Award that war had broken out involving Japan and that owners were entitled to cancel-Case stated.

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