What, in fact, was the true meaning of the contract? British India Steam Navigaton Co. In nearly every instance, the vertical planking is deteriorated either at the chine log or sheer clamp, therefore the vessel has no vertical strength in this area.
Worse, this was her condition not only on October 12 when the insurance attached. The shipowner performs his engagement when he carries and delivers the goods.
This contention was upheld by the court below, Vaughan Williams, J.
We Asfar and co v blundell 1896 follow the first portion of this finding and confine ourselves to the second. But the allegations in this plea go to shew that, in a mercantile sense, the cargo had through the negligence and mismanagement of the master and mariners become of no value.
Under the American rule once the warranty is satisfied as it clearly was not here the warranty thereafter becomes a modified 'negative' one in which it is warranted that the owner, from bad faith or neglect will not knowingly permit the vessel to break ground in an unseaworthy condition 21 The assured cites 9 Couch, Insurance The latter is what actually happened in the present case.
The B and C clauses are against specific risks, including fire, explosion, stranding and jettison. Board of Health of City of Detroit, 6j N. Wilken, a landscaper, and his wife, a commercial artist. In terms somewhat inelegant and certainly lacking in nautical flavor, it was this tail end which is Assured's undoing.
Southern Maratha Railway Company 17 B. It was provided that one- half of the amounts received from monthly dues should be placed in a so-called "maturity fund," and that, whenever there should be sufficient money in said fund to pay one or more coupons, such number of coupons should be paid, and that the coupons to be paid should be determined by taking, first, the coupon numbered 1, then that numbered 5, and so on, in a geometrical progression, with the ratio 5, until the series reached the highest numbered coupon sold ; then that numbered 2, then 10, etc.
See generally 18 Fla. Subs 2 There are many illustrations in the case of marine policies on building risks, eg, Jackson v. Where the insurance is effected through an agent or broker, insured must exercise diligence to inform such agent or broker of the facts of which he is possessed.
If I understand the position aright, a railway company in England would be authorised by Parliament to make its own rules and regulations.
The principle seems to us to be that, in contracts in which the performance depends on the continued existence of a given person or thing, a condition is implied that the impossibility of performance arising from the perishing of the person or thing shallexcuse the performance…in the present case both parties are excused  This most cited decision of Blackburn J.
Submitting the Havenner report was only half of the story. In In re Chadwick, 67 N. It was originally said that the doctrine of frustration was based on an implied term. Those decisions do not commend themselves to us. Findings due in two months.
Tierney, nor for that matter did you know of the specific nature of the Chadwick survey, you only knew that certain wood replacements were being made for deterioration and that was the information you relayed?
Some cases treat the act of throwing cargo overboard as jettison in its own right despite the fact that some other peril was the cause of the jettison Butler v.
Judgment for the plaintiff. The theories are so much related that one may confused one for the other. Viscount Simon has properly warned that so long as each theories produces the same result as the other, as normally it does, it matters little which theory is avowed.
Nature and Theories of Frustration 1. On winding-up, the liquidator sought to charge the auditors with the amount of the divi- dends improperly paid, on the ground that they had been guilty of misfeasance.
Property requisitioned by trhe state — contract frustrated. After preliminary examination, the vessel was re-dry-docked and side tracked after being targetted and was jacked and shored into a water-borne position.
Taylor v Caldwell — a hall for a concert was burnt down.
The judgment of Kumaraswami Sastri, J.Destruction Or Deterioration Of The Goods. as dates contaminated with sewage, and therefore unsaleable as dates (Asfar v. Blundell,  1 Q.B.
insurance), or cement which had lost, through moisture, its properties as such (Duthie v. the effect of the destruction or deterioration of the goods is a question of the operation or.
Serious deterioration will also frustrate the contract: CASE: "Asfar v Blundell". In this case there was a contract for the supply of dates but they got mixed with sewage and water. In this case there was a contract for the supply of dates but they got mixed with sewage and water.
British Steel Corporation v. Cleveland Bridge & Engineering Co. Ltd  1 All ER Asfar v Blundell  ± dates were not destroyed but changed; they were still sellable but no longer as the fresh dates.
Personal services contracts: Cutter v Powell ( 5) ± Cutter was employed by someone and was to be payed once the ship reached Liverpool; he died. The Lawskool Property Law Summary covers real property law, which at times touches on the areas of equity an˙trusts an˙torts law.
If s ome of the material does not sound. Misdelivery of Cargo Without Production of Original Bill of Lading: Applicability of the Mandatory Legal Regime of Hague-Visby and the One-Year Time Bar.
See Asfar & Co. v. Blundell .Download