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The Super Servant Two [1989]

Facts

  • Contract for owner of two ships to provide one of them to a charterer
  • One of the ships sank, the other was engaged by another charterparty

Issue

  • Could the contract be frustrated?

Decision

  • No

Reasoning

  • Contract did not provide for a certain ship to be supplied, provided for either, tough luck that owner would have to breach another contract to perform
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