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The HongKong Fir [1962]

Facts

  • Prior to the chartering of a ship, the charterers discovered that the ship was not seaworthy; the crew were alcoholics and the ship’s engine was broken

Issue

  • Was the charter party breached?

Decision

  • No

Reasoning

  • Seaworthiness was neither a warranty or a condition, it was an innominate term in the contract which could be breached in many different way, judicial discretion, not repudiatory
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