BAKUBHAI & AMBALAL, LTD. v. SOUTH AUSTRALIAN FARMERS' CO-OPERATIVE UNION, LTD., OF ADELAIDE.

(1941) 69 Ll.L.Rep. 138

KING'S BENCH DIVISION.

Before Lord Caldecote (Lord Chief Justice).

Contract - Frustration - Impossibility of performance-Prohibition of export- Pre-war sale of 7000 tons of South Australian wheat, cargo to be shipped to one safe port in Kathiawar to be declared on loading-Vessel chartered by sellers for carriage of wheat to wide range of ports-Provision in contract for cancellation in case of prohibition of export-Charter-party conditions also to apply, Clause 28 providing: "If the nation under whose flag the vessel sails shall be at war whereby the free navigation of the vessel is endangered, or in case of blockade of or prohibition of export from the loading port, this charter shall be null and void at the last outward port of delivery or at any subsequent period when the difficulty may arise, previous to cargo being shipped"-Outbreak of war before cargo loaded-Necessity for Board of Trade licence for voyage- Applications by shipowners for licence refused-Cancellation of charter-party by shipowners-Cancellation of contract by sellers-Cargo resold by sellers to other buyers-Evidence of efforts made to obtain licence-Duty of sellers.