For a recent case involving the temporary unavailability of a ship, see [case]. In this case, the court emphasised that the amount of time left to run in the contract is the starting point only in establishing frustration – all other relevant features need to be taken into account as well. Here, for instance, the contract involved a 20-day charterparty out of which there was very little time left to run. However, the work under the contract had been accomplished. As the purpose of the contract had been achieved, the contract was not, in fact, frustrated.
Answer
Edwinton Commercial Corporation v Tsavliris Russ (Worldwide Salvage & Towage) Ltd, The Sea Angel [2007] EWCA Civ 547, [2007] 2 All ER (Comm) 634
Tags
#contract #frustration #law
Question
For a recent case involving the temporary unavailability of a ship, see [case]. In this case, the court emphasised that the amount of time left to run in the contract is the starting point only in establishing frustration – all other relevant features need to be taken into account as well. Here, for instance, the contract involved a 20-day charterparty out of which there was very little time left to run. However, the work under the contract had been accomplished. As the purpose of the contract had been achieved, the contract was not, in fact, frustrated.
Answer
?
Tags
#contract #frustration #law
Question
For a recent case involving the temporary unavailability of a ship, see [case]. In this case, the court emphasised that the amount of time left to run in the contract is the starting point only in establishing frustration – all other relevant features need to be taken into account as well. Here, for instance, the contract involved a 20-day charterparty out of which there was very little time left to run. However, the work under the contract had been accomplished. As the purpose of the contract had been achieved, the contract was not, in fact, frustrated.
Answer
Edwinton Commercial Corporation v Tsavliris Russ (Worldwide Salvage & Towage) Ltd, The Sea Angel [2007] EWCA Civ 547, [2007] 2 All ER (Comm) 634
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Open it For a recent case involving the temporary unavailability of a ship, see Edwinton Commercial Corporation v Tsavliris Russ (Worldwide Salvage & Towage) Ltd, The Sea Angel [2007] EWCA Civ 547, [2007] 2 All ER (Comm) 634. In this case, the court emphasised that the amount of time left to run in the contract is the starting point only in establishing frustration – all other relevant features need to be t
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