Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

HONGKONG FIR SHIPPING COMPANY, LTD. v. KAWASAKI KISEN KAISHA, LTD. (THE "HONGKONG FIR")

[1961] 2 Lloyd's Rep. 478

COURT OF APPEAL

Before Lord Justice Sellers, Lord Justice Upjohn and Lord Justice Diplock

Charter-party - Unseaworthiness - Crew - Frustration-Repudiation of time charter by charterers-Alleged failure to deliver and maintain seaworthy vessel-Allegation that vessel was incapable of charter speed -Whether unseaworthiness gave charterers right to rescind-Whether frustration depended on time taken to make vessel seaworthy amounting to a "frustrating time" or exceeding a reasonable time-Consideration of stipulations in contracts.

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