IMPERIAL SMELTING CORPORATION, LTD. v. JOSEPH CONSTANTINE STEAMSHIP LINE, LTD.

(1941) 70 Ll L Rep 1

HOUSE OF LORDS.

Before Viscount Simon (Lord Chancellor), Viscount Maugham, Lord Wright, Lord Russell of Killowen and Lord Porter.

Charter-party - Frustration - Impossibility of performance-Explosion on board - Charter of vessel Kingswood to load cargo at Port Pirie-Arrival in Port Pirie Roads - Violent explosion in auxiliary boiler before vessel became "an arrived ship" - Agreement between parties that delay caused by resultant damage was such as to frustrate commercial object of adventure- Claim by charterers for damages for failure to load-Plea by shipowners that contract was frustrated and that they were thereby relieved from liability - Arbitration - Finding of arbitrator that "the explosion was one of an unprecedented character and no sequence of events which was other than improbable was suggested as capable of having given rise to it"-Award that charterers were entitled to recover -Case stated-Discharge of contract by supervening impossibility-Onus of proof-Whether, as shipowners contended, they were excused unless frustration was proved to be self-induced; or whether, as charterers contended, the shipowners were not excused unless frustration was proved not to be self-induced.