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Maritime National Fish Ltd v Ocean Trawlers Ltd [1935]

Facts

  • Licences required for future operation of trawling ship
  • Charterer of ship applied for enough licences to cover all of his ships, only granted 3
  • Charterer did not apply licence to chartered ship

Issue

  • Was charterparty frustrated?

Decision

  • No

Reasoning

  • Licence due to rightful election of charterer, who remained liable for hire as could not dishrag contract unilaterally. No frustration where due to fault of one of the parties.
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