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
