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#contract #frustration #law
In Jackson v Union Marine Insurance Co Ltd (1874) LR 10 CP 125, a ship was chartered to proceed with all possible dispatch from Liverpool to Newport and there to load a cargo to be shipped to San Francisco. The ship ran aground one day out of Liverpool and was not ready to load until eight months later. The contract had not imposed any particular time limit for performance but the court held there was an implied term regarding completion within a reasonable time so that the contract was frustrated because of such a long delay. However, the question is again one of degree and where a charterparty is to run for a specified period of time the contract will only be frustrated if the requisition takes up a disproportionate amount of the whole contract period.
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