The Achilleas [2008]

Facts

  • A ship was returned late at the end of its charterparty
  • This caused the next charterer to cancel his contract
  • During the few days after delivery was due, the price of charterparties dropped significantly

Issue

  • Could the first charterers be liable for the loss of profit due to the change in price of charterparties for the extent of time of the second scheduled charterparty?

Decision

  • No

Reasoning

  • Not within the contemplation of the parties when the first charterparty was being negotiated to be considering the proceeding charterparty
  • Such an extreme drop in the market price was unforeseeable
  • Liable on for charter fees during extended charter period
RELATED CASE  Jackson v Horizon Holidays [1975]

Posted in Contract Law Revision Notes.

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