W. J. TATEM, LTD. v. GAMBOA.

(1938) 61 Ll.L.Rep. 149

KING'S BENCH DIVISION.

Before Mr. Justice Goddard.

Charter-party-Frustration-Thirty days' charter by defendant of plaintiffs' steamer from time of delivery at Santander-"Steamer to be employed . . . within the following limits: North Spain (Government ports) and French Bay ports for the evacuation of civil population from North Spain"- "Charterers to pay hire at the rate of £250 British sterling per day, commencing [as above] until her re-delivery to owners" - Steamer delivered to charterer on July 1, 1337-Thirty days' hire paid in advance-One voyage performed-Seizure by Spanish insurgent forces on July 14-Released on Sept. 7-Re-delivery to owners on Sept. 11 at Bordeaux-Claim by owners for hire up to date of re-delivery-Contention by charterers that charter-party was frustrated immediately upon seizure-Consideration of doctrine of frustration - Risk of seizure - Contemplation of parties - Unforeseen circumstances.