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Blythe & Co v Richards Turpin & Co (1916)

Facts

  • The defendant agreed to ship and deliver ore from Portugal to Manchester under a CIF contract
  • After WWI broke out, the defendant could no longer make a profit under the contract
  • The contract provided that delivery would be suspended if war prevented shipping

Issue

  • Was the defendant obliged to deliver the ore?

Decision

  • Yes

Reasoning

  • The clause did not act as a valid force majeure clause
  • The clause referred to physical and legal prevention only, and not a lack of economic profitability

Citation

(1916) 85 LJKB 1425

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