The difficulties inherent in deciding whether frustration has occurred in these circumstances, particularly where there is still a period of the charterparty in the future, is illustrated by the case of [case], where the court had to decide whether the requisitioning of a ship in February 1915 frustrated a five-year charterparty which was to last until December 1917. The court held that it did not on the basis that the war would soon be over and thus a considerable proportion of the charterparty would remain. In the circumstances, this was overly optimistic, but it nevertheless demonstrates the problems facing a court in reaching satisfactory conclusions.
Answer
Tamplin SS Co Ltd v Anglo-Mexican Petroleum Co [1916] 2 AC 397
Tags
#contract #frustration #law
Question
The difficulties inherent in deciding whether frustration has occurred in these circumstances, particularly where there is still a period of the charterparty in the future, is illustrated by the case of [case], where the court had to decide whether the requisitioning of a ship in February 1915 frustrated a five-year charterparty which was to last until December 1917. The court held that it did not on the basis that the war would soon be over and thus a considerable proportion of the charterparty would remain. In the circumstances, this was overly optimistic, but it nevertheless demonstrates the problems facing a court in reaching satisfactory conclusions.
Answer
?
Tags
#contract #frustration #law
Question
The difficulties inherent in deciding whether frustration has occurred in these circumstances, particularly where there is still a period of the charterparty in the future, is illustrated by the case of [case], where the court had to decide whether the requisitioning of a ship in February 1915 frustrated a five-year charterparty which was to last until December 1917. The court held that it did not on the basis that the war would soon be over and thus a considerable proportion of the charterparty would remain. In the circumstances, this was overly optimistic, but it nevertheless demonstrates the problems facing a court in reaching satisfactory conclusions.
Answer
Tamplin SS Co Ltd v Anglo-Mexican Petroleum Co [1916] 2 AC 397
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Open it The difficulties inherent in deciding whether frustration has occurred in these circumstances, particularly where there is still a period of the charterparty in the future, is illustrated by the case of Tamplin SS Co Ltd v Anglo-Mexican Petroleum Co [1916] 2 AC 397, where the court had to decide whether the requisitioning of a ship in February 1915 frustrated a five-year charterparty which was to last until December 1917. The court held that it
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