Contract law presentation 2
•Download as PPTX, PDF•
0 likes•107 views
The document discusses the legal doctrine of frustration in contract law. It provides examples of cases where contracts were found to be frustrated due to unforeseen circumstances, such as an artist falling ill before a scheduled performance. However, frustration cannot be claimed if a contract has simply become more difficult or expensive to perform, if some purpose of the contract can still be achieved, if the parties foresaw the frustrating event, or if the frustration was self-induced. The document analyzes cases that demonstrate when frustration will not be accepted, such as when an alternative shipping route was available despite higher costs, or when only part of a contract's purpose was cancelled.
Report
Share
Report
Share
Recommended
Prezentacija marine legal_services_new
This case discusses whether the vessel was off-hire from 14:11 hrs on December 17, 2010 until 06:00 hrs on December 18, 2010. The charterers instructed the master to proceed to Crete without bunkering in Malta first, which the master agreed to verbally. However, upon arriving in Crete, the master requested to bunker there as bunkers were not available and it was unsafe to proceed without booking bunkers first, especially in winter. The owners argue the master saved responsibility by not proceeding without bunkers. The charterers argue the master approved the plan initially without protest about bunker quantities.
WHAT TO DO WHEN THE ORIGINAL BILL OF LADING IS LOST?
If a negotiable bill of lading is lost, stolen, or destroyed, a court order can be secured and this court order advises the carrier ...
Hague visby article 1-3
This document summarizes the key articles of the Hague-Visby Rules that govern carriage of goods by sea. The rules define important terms, outline the responsibilities and liabilities of carriers, and specify circumstances where carriers are exempt from liability. It describes requirements for bills of lading, claims processes, and monetary units. The rules aim to balance carrier and shipper interests and provide uniform international standards for sea cargo transportation contracts.
Bills of lading
Prior to 1924, there were no international rules governing bills of lading. Ship owners had strict liability but freedom of contract allowed them to contract out of it. Exporters had little bargaining power. The Hague Rules in 1924 established fault-based liability for ship owners. Subsequent conventions like Hague-Visby in 1968 and Hamburg in 1978 further refined carrier liability. Sri Lanka initially followed Hague Rules and now follows Hague-Visby. English law may apply to gaps not addressed locally based on the Civil Law Ordinance of 1852.
The hague visby rules
The document discusses the Hague-Visby Rules, an international convention that establishes a set of rules for carriage of goods by sea. It was originally drafted in 1924 in Brussels as the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading. It was later amended in 1968 in Brussels, and became known as the Hague-Visby Rules. The rules apply to contracts of carriage that are covered by a bill of lading and define obligations of carriers regarding loading, carriage, care of cargo. It also defines exclusions of carrier liability and governs geographical application between contracting states.
Dischargeofcontract
This document outlines various ways that a contract can be discharged or terminated, including:
1) By performance or tender of performance by both parties.
2) By mutual consent through methods like novation, rescission, alteration, remission, or waiver.
3) By impossibility of performance, either inherent at the time of contract formation or subsequent events that make performance impossible.
4) By operation of law through events like death, insolvency, or merger.
5) By lapse of time if a time period for performance is specified.
6) By breach of contract, either through actual breach on the due date or anticipatory breach through words or conduct.
Maritime legal framework
The document summarizes key aspects of three international conventions governing carriage of goods by sea:
1. The Hague-Visby Rules establish carrier liability and regulate bills of lading. They apply to international carriage between contracting states. Carrier responsibilities include ship seaworthiness and cargo care.
2. The Hamburg Rules also regulate carrier liability but aim to give developing countries more bargaining power. Carriers are liable for loss or damage during cargo handling.
3. The Rotterdam Rules were adopted in 2008 to modernize international trade law. They establish uniform rules for door-to-door transport involving sea carriage and clarify carrier obligations and liability.
Bill of-lading
The document is a bill of lading for a shipping class listing Miguel Benavidez, Mayra Freire, Ma. Lourdes León, Anais Macías, and Andrea Solórzano. A bill of lading is a document issued by a carrier to the shipper that identifies the nature, quantity, and quality of goods being shipped. It serves as a receipt of the goods and contract of carriage, and must be presented to take delivery of the goods at their destination. The bill of lading should include information like the names and addresses of the carrier and shipper, name and nationality of the ship, loading and unloading ports, name and address of consignee, description of goods, and
Recommended
Prezentacija marine legal_services_new
This case discusses whether the vessel was off-hire from 14:11 hrs on December 17, 2010 until 06:00 hrs on December 18, 2010. The charterers instructed the master to proceed to Crete without bunkering in Malta first, which the master agreed to verbally. However, upon arriving in Crete, the master requested to bunker there as bunkers were not available and it was unsafe to proceed without booking bunkers first, especially in winter. The owners argue the master saved responsibility by not proceeding without bunkers. The charterers argue the master approved the plan initially without protest about bunker quantities.
WHAT TO DO WHEN THE ORIGINAL BILL OF LADING IS LOST?
If a negotiable bill of lading is lost, stolen, or destroyed, a court order can be secured and this court order advises the carrier ...
Hague visby article 1-3
This document summarizes the key articles of the Hague-Visby Rules that govern carriage of goods by sea. The rules define important terms, outline the responsibilities and liabilities of carriers, and specify circumstances where carriers are exempt from liability. It describes requirements for bills of lading, claims processes, and monetary units. The rules aim to balance carrier and shipper interests and provide uniform international standards for sea cargo transportation contracts.
Bills of lading
Prior to 1924, there were no international rules governing bills of lading. Ship owners had strict liability but freedom of contract allowed them to contract out of it. Exporters had little bargaining power. The Hague Rules in 1924 established fault-based liability for ship owners. Subsequent conventions like Hague-Visby in 1968 and Hamburg in 1978 further refined carrier liability. Sri Lanka initially followed Hague Rules and now follows Hague-Visby. English law may apply to gaps not addressed locally based on the Civil Law Ordinance of 1852.
The hague visby rules
The document discusses the Hague-Visby Rules, an international convention that establishes a set of rules for carriage of goods by sea. It was originally drafted in 1924 in Brussels as the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading. It was later amended in 1968 in Brussels, and became known as the Hague-Visby Rules. The rules apply to contracts of carriage that are covered by a bill of lading and define obligations of carriers regarding loading, carriage, care of cargo. It also defines exclusions of carrier liability and governs geographical application between contracting states.
Dischargeofcontract
This document outlines various ways that a contract can be discharged or terminated, including:
1) By performance or tender of performance by both parties.
2) By mutual consent through methods like novation, rescission, alteration, remission, or waiver.
3) By impossibility of performance, either inherent at the time of contract formation or subsequent events that make performance impossible.
4) By operation of law through events like death, insolvency, or merger.
5) By lapse of time if a time period for performance is specified.
6) By breach of contract, either through actual breach on the due date or anticipatory breach through words or conduct.
Maritime legal framework
The document summarizes key aspects of three international conventions governing carriage of goods by sea:
1. The Hague-Visby Rules establish carrier liability and regulate bills of lading. They apply to international carriage between contracting states. Carrier responsibilities include ship seaworthiness and cargo care.
2. The Hamburg Rules also regulate carrier liability but aim to give developing countries more bargaining power. Carriers are liable for loss or damage during cargo handling.
3. The Rotterdam Rules were adopted in 2008 to modernize international trade law. They establish uniform rules for door-to-door transport involving sea carriage and clarify carrier obligations and liability.
Bill of-lading
The document is a bill of lading for a shipping class listing Miguel Benavidez, Mayra Freire, Ma. Lourdes León, Anais Macías, and Andrea Solórzano. A bill of lading is a document issued by a carrier to the shipper that identifies the nature, quantity, and quality of goods being shipped. It serves as a receipt of the goods and contract of carriage, and must be presented to take delivery of the goods at their destination. The bill of lading should include information like the names and addresses of the carrier and shipper, name and nationality of the ship, loading and unloading ports, name and address of consignee, description of goods, and
Outline of Conventions and Legislation applicable to Bills of Lading in the UK
A presentation at South Tyneside Marine College on conventions and legislations applicable to Bills of Lading (in the UK).
The presentation starts with history of BLs, followed by a sample from 1390.
It then continues on to a detailed review of Hague Rules. Hague Visby Amendments and SDR Protocol amendments are highlighted as and when required. This is followed by a brief introduction to Hamburg and Rotterdam Rules.
Thereafter legislation is discussed. Specifically COGSA71 and COGSA92, which needs knowledge of BLA1855. This is also briefly touched upon.
The conventions can be easily found on the web. All UK legislation is available at legislation.gov.uk website.
Presentation For Financial Accounting in Bcom Hons.
Will of London consigned $500 worth of goods to his agent Adams in Canada. Wills paid $50 for carriage. Adams sold the goods for $750. Adams' expenses included $30 for import duty and $30 for distribution. Adams' commission was 6% of sales, which was $41. Adams paid Wills the balance of $650.
Final judgment -_pst_v_ow_bunker_2015-569580
This document summarizes a judgment from a commercial court case regarding the supply of bunkers to a vessel. The key points are:
1) A vessel owner (the Owners) ordered bunkers from OW Bunker Malta Ltd (OWBM) which were physically supplied by a Russian company. There was a chain of contracts between the companies involved.
2) The contracts contained retention of title clauses so that property would not pass until payment. However, they also permitted consumption of the bunkers before payment.
3) OW Bunker filed for insolvency before payments were due. ING, as assignee of OWBM's rights, is claiming payment from the Owners
Hamburg rules
The Hamburg Rules are an international convention that establishes a legal framework for sea cargo transportation. It aims to balance the responsibilities of carriers and shippers. Some key points covered in the document include:
- The scope of application for the Hamburg Rules, which includes international shipments by sea under a contract of carriage.
- The main duties of carriers, which are to properly handle, store and transport cargo, as well as make ships seaworthy. Carriers are exempted from liability under certain conditions like acts of God.
- The fewer obligations of shippers, which mainly involve accurately describing cargo, paying freight, and having cargo ready for loading.
- Exceptions for carriers related to live animals, deviations
Cascao London Cooperative Framework Agreeement Nile
The document summarizes negotiations between countries in the Nile River Basin over a new water sharing agreement. It discusses the positions of upstream countries seeking more access to water versus downstream countries wanting to maintain the status quo. It also examines the use of ambiguity in negotiations, stakes involved for both sides, and external pressure from organizations to reach a deal over 10 years of discussions. However, negotiations have stalled due to disagreements over water security and no consensus has been reached on a new framework agreement.
Presentation1 (2)
Marine insurance is a contract between two parties where one agrees to compensate the other for losses from certain marine risks during sea voyages in exchange for payment. The risks covered include those at sea and on land incidental to the voyage, as outlined in the marine policy document. The marine policy contains the terms and conditions of the insurance and can take various forms, including value, unvalued, voyage, time, mixed, and floating policies.
Cases on discharge of contract
This document summarizes cases related to the discharge of contracts through performance, agreement, breach, and frustration. It provides examples of when contracts can and cannot be discharged through each method. It also discusses the effects of a finding of frustration, such as allowing recovery of payments made prior to the frustrating event. The document is intended to serve as a reference for students studying contract law.
Vitiating Elements in the Formation of a Contract: Mistake and frustration
Learning Objectives: Students will:
a) learn the difference between Common Mistake and Mistake negativizing Consent
b) discover the strong link between mistake and frustration
Lecture 13 duress - cases
This document discusses the legal doctrine of duress across several contexts:
1) Duress to the person, where threats of violence can void agreements.
2) Duress to goods, where threats to seize property to extract payment may allow recovery of sums paid.
3) Economic duress, where threats to breach contracts or cause financial harm can also void agreements if the victim's will was overborne. The standards for economic duress require assessing the victim's protests and alternatives available.
Remedies for duress include recovering sums paid or treating agreements as voidable through the tort of intimidation.
Contracts terms - express, implied, incorporation
This document provides an overview of key cases related to the incorporation of terms in contracts, including express and implied terms. It summarizes several important cases that establish principles for determining whether representations, statements, or notices form binding contractual obligations based on an objective analysis of the parties' intentions and reasonable expectations. The document also examines the criteria for implying terms based on custom or the nature of the contract, including that implied terms must be reasonable, equitable, necessary for business efficacy, and not contradict express terms.
Contracts - Express terms
This document provides an overview of key cases related to the incorporation of terms in contracts, including express and implied terms. It summarizes several important cases that establish principles for determining whether representations, statements, or notices form binding contractual obligations based on an objective analysis of the parties' intentions and reasonable expectations. The document also examines factors courts consider when deciding whether to imply terms into a contract to give it business efficacy or based on custom and past dealings between the parties. An objective test of intention is established to determine the meaning of contract terms based on commercial reasonableness rather than subjective beliefs.
dischargeofcontract-111001013048-phpapp02 (1).pdf
The document summarizes various ways in which a contract can be discharged, including:
1. By performance or tender of performance by both parties.
2. By mutual consent through methods like novation, rescission, alteration, remission, waiver, or merger.
3. By impossibility of performance if the subject matter is destroyed, performance becomes illegal, or a party dies or becomes disabled. Impossibility must be inherent or subsequent for the contract to be discharged.
4. By operation of law through events like death, insolvency, or merger.
5. By lapse of time if the contract expires.
6. By breach of contract if one party fails
Terms of the contract cases
This document discusses several cases related to terms of contracts. It covers issues like whether oral statements became implied terms, when written terms took precedence over prior representations, conditions versus warranties, and implied terms. For example, it discusses a case where a statement about a motorcycle's model year was not considered a contractual term since it was not included in the later written agreement. It also examines cases focused on determining when exact compliance with a term was a condition allowing termination versus a warranty only permitting damages.
Discharge of contract
This document discusses the various ways in which a contract can be discharged, including:
1) By performance or tender of performance by both parties.
2) By mutual consent through novation, rescission, alteration, remission, waiver or merger.
3) By impossibility of performance, which can be inherent, subsequent, or due to commercial impossibility, failure of a third party, or other events.
4) By operation of law due to events such as death, insolvency, or merger.
5) By lapse of time.
6) By breach of contract, which can be an actual or anticipatory breach.
Mistake
The document discusses different types of mistake in contracts, including common mistake, unilateral mistake, and mistake as to identity. For common mistake, a contract may be void if there is a mistaken belief about a fundamental fact like the existence or quality of the subject matter. For unilateral mistake, the contract may be void if one party is aware of the other's mistake regarding a term. Mistake as to identity looks at whether parties intended to contract with each other or someone else. The remedies are different depending on whether the mistake renders the contract void at law or voidable in equity.
5 a law and ethics discharge of contract, remedies and injunctions
This document provides an overview of the discharge of contracts through various methods such as performance, agreement between parties, notice, breach of contract, operation of law including frustration, and remedies for breach of contract. It defines the key methods of discharge and uses cases as examples to illustrate concepts like performance, agreement, notice, breach as repudiatory or anticipatory, and frustration. The document also discusses common law remedies for breach like damages and equitable remedies, and how damages are calculated based on expectation loss or reliance loss. It provides limitations to damages awards. Overall, the document serves as a lecture overview on the discharge of contracts and available remedies.
Hansen v. Wittman, 2007 BCSC 821
The plaintiffs paid $317,200 as a deposit for the purchase of a steel sailing vessel called the Trinity from the defendants for $600,000 total. Issues arose regarding the quality of welds in the Trinity's hull. The plaintiffs refused to complete the purchase and demanded return of their deposit, claiming the welds constituted a fundamental breach of contract rendering the vessel unseaworthy. The defendants refused to return the money. The court was tasked with determining if there was a fundamental breach by the defendants entitling the plaintiffs to rescind the contract, or if the plaintiffs repudiated the contract.
Lecture 10 mistake - cases
The document summarizes several cases related to mistakes in contracts:
1) Common mistake cases establish that a contract may be void if both parties share the same mistaken assumption about essential facts, such as in Galloway v Galloway where a separation agreement was void since the marriage was invalid.
2) Unilateral mistake cases find that a contract is generally not voidable for a unilateral mistake about non-essential facts, such as quality, but may be if the mistake relates to the identity of the contracting party, as in Cundy v Lindsey.
3) Mutual mistake cases show a contract can be set aside if both parties share the same mistaken belief about an essential fact, such as in
Consideration case law
The document lists 16 cases relevant to the topic of consideration in contract law. It provides brief summaries of 3 key cases:
1. Currie v Misa - The House of Lords upheld the majority decision that a banker was entitled to payment from a purchaser of bills of exchange, even after the seller firm failed and payment was stopped.
2. Dunlop v Selfridge Ltd - The House of Lords held that a clause requiring payment of £5 per tyre sold below a set price was a genuine pre-estimate of damages and not a penalty, so it was enforceable.
3. Pao On v Lau Yiu Long - The Privy Council ruled that a promise to perform a pre-
Damon compania v hapag lloyd international
- A dispute arose from a contract for the sale of ships between Hapag-Lloyd (Respondent) and Damon Compania Naviera S.A. (Appellant). Raftopoulos Brothers were involved in negotiating the sale.
- The arbitrator found a binding contract was formed on July 8th when sale terms were agreed. However, Appellant argued no contract as no memorandum was signed and deposit not paid.
- The court rejected these arguments and found a valid contract. It also found the contract was binding on Appellant through novation when Brothers nominated them.
- Respondent was entitled to damages for unpaid deposit under the contract terms. This right was not affected when
L7 Rights to discharge and disolve contracts.pptx
This document discusses various ways in which a contract can be discharged or dissolved, including:
1. Performance of obligations as agreed.
2. Agreement between the parties to alter or waive contract conditions.
3. Frustration of the contract due to an unforeseen event outside parties' control that fundamentally changes obligations.
4. Operation of law, such as bankruptcy terminating a party's contract liabilities.
It provides examples of cases where contracts were found to be frustrated due to events like destruction of the subject matter, changes in law, or non-occurrence of an event fundamental to the contract. Statutes like the Frustrated Contracts Act are also discussed.
Shipping law
This document provides an overview of maritime law concepts, including:
- Types of vessels like liners, tramps, bulk carriers, tankers, and container ships.
- International sale contracts and INCOTERMS rules regarding transfer of risk.
- Accounting concepts for FOB and FOB destination contracts.
- Implied obligations in contracts of affreightment, including seaworthiness, manning, reasonable dispatch, and not deviating from the agreed route. Exceptions and effects of breaching these obligations are discussed.
More Related Content
What's hot
Outline of Conventions and Legislation applicable to Bills of Lading in the UK
A presentation at South Tyneside Marine College on conventions and legislations applicable to Bills of Lading (in the UK).
The presentation starts with history of BLs, followed by a sample from 1390.
It then continues on to a detailed review of Hague Rules. Hague Visby Amendments and SDR Protocol amendments are highlighted as and when required. This is followed by a brief introduction to Hamburg and Rotterdam Rules.
Thereafter legislation is discussed. Specifically COGSA71 and COGSA92, which needs knowledge of BLA1855. This is also briefly touched upon.
The conventions can be easily found on the web. All UK legislation is available at legislation.gov.uk website.
Presentation For Financial Accounting in Bcom Hons.
Will of London consigned $500 worth of goods to his agent Adams in Canada. Wills paid $50 for carriage. Adams sold the goods for $750. Adams' expenses included $30 for import duty and $30 for distribution. Adams' commission was 6% of sales, which was $41. Adams paid Wills the balance of $650.
Final judgment -_pst_v_ow_bunker_2015-569580
This document summarizes a judgment from a commercial court case regarding the supply of bunkers to a vessel. The key points are:
1) A vessel owner (the Owners) ordered bunkers from OW Bunker Malta Ltd (OWBM) which were physically supplied by a Russian company. There was a chain of contracts between the companies involved.
2) The contracts contained retention of title clauses so that property would not pass until payment. However, they also permitted consumption of the bunkers before payment.
3) OW Bunker filed for insolvency before payments were due. ING, as assignee of OWBM's rights, is claiming payment from the Owners
Hamburg rules
The Hamburg Rules are an international convention that establishes a legal framework for sea cargo transportation. It aims to balance the responsibilities of carriers and shippers. Some key points covered in the document include:
- The scope of application for the Hamburg Rules, which includes international shipments by sea under a contract of carriage.
- The main duties of carriers, which are to properly handle, store and transport cargo, as well as make ships seaworthy. Carriers are exempted from liability under certain conditions like acts of God.
- The fewer obligations of shippers, which mainly involve accurately describing cargo, paying freight, and having cargo ready for loading.
- Exceptions for carriers related to live animals, deviations
Cascao London Cooperative Framework Agreeement Nile
The document summarizes negotiations between countries in the Nile River Basin over a new water sharing agreement. It discusses the positions of upstream countries seeking more access to water versus downstream countries wanting to maintain the status quo. It also examines the use of ambiguity in negotiations, stakes involved for both sides, and external pressure from organizations to reach a deal over 10 years of discussions. However, negotiations have stalled due to disagreements over water security and no consensus has been reached on a new framework agreement.
Presentation1 (2)
Marine insurance is a contract between two parties where one agrees to compensate the other for losses from certain marine risks during sea voyages in exchange for payment. The risks covered include those at sea and on land incidental to the voyage, as outlined in the marine policy document. The marine policy contains the terms and conditions of the insurance and can take various forms, including value, unvalued, voyage, time, mixed, and floating policies.
What's hot (6)
Outline of Conventions and Legislation applicable to Bills of Lading in the UK
Outline of Conventions and Legislation applicable to Bills of Lading in the UK
Presentation For Financial Accounting in Bcom Hons.
Presentation For Financial Accounting in Bcom Hons.
Cascao London Cooperative Framework Agreeement Nile
Cascao London Cooperative Framework Agreeement Nile
Similar to Contract law presentation 2
Cases on discharge of contract
This document summarizes cases related to the discharge of contracts through performance, agreement, breach, and frustration. It provides examples of when contracts can and cannot be discharged through each method. It also discusses the effects of a finding of frustration, such as allowing recovery of payments made prior to the frustrating event. The document is intended to serve as a reference for students studying contract law.
Vitiating Elements in the Formation of a Contract: Mistake and frustration
Learning Objectives: Students will:
a) learn the difference between Common Mistake and Mistake negativizing Consent
b) discover the strong link between mistake and frustration
Lecture 13 duress - cases
This document discusses the legal doctrine of duress across several contexts:
1) Duress to the person, where threats of violence can void agreements.
2) Duress to goods, where threats to seize property to extract payment may allow recovery of sums paid.
3) Economic duress, where threats to breach contracts or cause financial harm can also void agreements if the victim's will was overborne. The standards for economic duress require assessing the victim's protests and alternatives available.
Remedies for duress include recovering sums paid or treating agreements as voidable through the tort of intimidation.
Contracts terms - express, implied, incorporation
This document provides an overview of key cases related to the incorporation of terms in contracts, including express and implied terms. It summarizes several important cases that establish principles for determining whether representations, statements, or notices form binding contractual obligations based on an objective analysis of the parties' intentions and reasonable expectations. The document also examines the criteria for implying terms based on custom or the nature of the contract, including that implied terms must be reasonable, equitable, necessary for business efficacy, and not contradict express terms.
Contracts - Express terms
This document provides an overview of key cases related to the incorporation of terms in contracts, including express and implied terms. It summarizes several important cases that establish principles for determining whether representations, statements, or notices form binding contractual obligations based on an objective analysis of the parties' intentions and reasonable expectations. The document also examines factors courts consider when deciding whether to imply terms into a contract to give it business efficacy or based on custom and past dealings between the parties. An objective test of intention is established to determine the meaning of contract terms based on commercial reasonableness rather than subjective beliefs.
dischargeofcontract-111001013048-phpapp02 (1).pdf
The document summarizes various ways in which a contract can be discharged, including:
1. By performance or tender of performance by both parties.
2. By mutual consent through methods like novation, rescission, alteration, remission, waiver, or merger.
3. By impossibility of performance if the subject matter is destroyed, performance becomes illegal, or a party dies or becomes disabled. Impossibility must be inherent or subsequent for the contract to be discharged.
4. By operation of law through events like death, insolvency, or merger.
5. By lapse of time if the contract expires.
6. By breach of contract if one party fails
Terms of the contract cases
This document discusses several cases related to terms of contracts. It covers issues like whether oral statements became implied terms, when written terms took precedence over prior representations, conditions versus warranties, and implied terms. For example, it discusses a case where a statement about a motorcycle's model year was not considered a contractual term since it was not included in the later written agreement. It also examines cases focused on determining when exact compliance with a term was a condition allowing termination versus a warranty only permitting damages.
Discharge of contract
This document discusses the various ways in which a contract can be discharged, including:
1) By performance or tender of performance by both parties.
2) By mutual consent through novation, rescission, alteration, remission, waiver or merger.
3) By impossibility of performance, which can be inherent, subsequent, or due to commercial impossibility, failure of a third party, or other events.
4) By operation of law due to events such as death, insolvency, or merger.
5) By lapse of time.
6) By breach of contract, which can be an actual or anticipatory breach.
Mistake
The document discusses different types of mistake in contracts, including common mistake, unilateral mistake, and mistake as to identity. For common mistake, a contract may be void if there is a mistaken belief about a fundamental fact like the existence or quality of the subject matter. For unilateral mistake, the contract may be void if one party is aware of the other's mistake regarding a term. Mistake as to identity looks at whether parties intended to contract with each other or someone else. The remedies are different depending on whether the mistake renders the contract void at law or voidable in equity.
5 a law and ethics discharge of contract, remedies and injunctions
This document provides an overview of the discharge of contracts through various methods such as performance, agreement between parties, notice, breach of contract, operation of law including frustration, and remedies for breach of contract. It defines the key methods of discharge and uses cases as examples to illustrate concepts like performance, agreement, notice, breach as repudiatory or anticipatory, and frustration. The document also discusses common law remedies for breach like damages and equitable remedies, and how damages are calculated based on expectation loss or reliance loss. It provides limitations to damages awards. Overall, the document serves as a lecture overview on the discharge of contracts and available remedies.
Hansen v. Wittman, 2007 BCSC 821
The plaintiffs paid $317,200 as a deposit for the purchase of a steel sailing vessel called the Trinity from the defendants for $600,000 total. Issues arose regarding the quality of welds in the Trinity's hull. The plaintiffs refused to complete the purchase and demanded return of their deposit, claiming the welds constituted a fundamental breach of contract rendering the vessel unseaworthy. The defendants refused to return the money. The court was tasked with determining if there was a fundamental breach by the defendants entitling the plaintiffs to rescind the contract, or if the plaintiffs repudiated the contract.
Lecture 10 mistake - cases
The document summarizes several cases related to mistakes in contracts:
1) Common mistake cases establish that a contract may be void if both parties share the same mistaken assumption about essential facts, such as in Galloway v Galloway where a separation agreement was void since the marriage was invalid.
2) Unilateral mistake cases find that a contract is generally not voidable for a unilateral mistake about non-essential facts, such as quality, but may be if the mistake relates to the identity of the contracting party, as in Cundy v Lindsey.
3) Mutual mistake cases show a contract can be set aside if both parties share the same mistaken belief about an essential fact, such as in
Consideration case law
The document lists 16 cases relevant to the topic of consideration in contract law. It provides brief summaries of 3 key cases:
1. Currie v Misa - The House of Lords upheld the majority decision that a banker was entitled to payment from a purchaser of bills of exchange, even after the seller firm failed and payment was stopped.
2. Dunlop v Selfridge Ltd - The House of Lords held that a clause requiring payment of £5 per tyre sold below a set price was a genuine pre-estimate of damages and not a penalty, so it was enforceable.
3. Pao On v Lau Yiu Long - The Privy Council ruled that a promise to perform a pre-
Damon compania v hapag lloyd international
- A dispute arose from a contract for the sale of ships between Hapag-Lloyd (Respondent) and Damon Compania Naviera S.A. (Appellant). Raftopoulos Brothers were involved in negotiating the sale.
- The arbitrator found a binding contract was formed on July 8th when sale terms were agreed. However, Appellant argued no contract as no memorandum was signed and deposit not paid.
- The court rejected these arguments and found a valid contract. It also found the contract was binding on Appellant through novation when Brothers nominated them.
- Respondent was entitled to damages for unpaid deposit under the contract terms. This right was not affected when
L7 Rights to discharge and disolve contracts.pptx
This document discusses various ways in which a contract can be discharged or dissolved, including:
1. Performance of obligations as agreed.
2. Agreement between the parties to alter or waive contract conditions.
3. Frustration of the contract due to an unforeseen event outside parties' control that fundamentally changes obligations.
4. Operation of law, such as bankruptcy terminating a party's contract liabilities.
It provides examples of cases where contracts were found to be frustrated due to events like destruction of the subject matter, changes in law, or non-occurrence of an event fundamental to the contract. Statutes like the Frustrated Contracts Act are also discussed.
Shipping law
This document provides an overview of maritime law concepts, including:
- Types of vessels like liners, tramps, bulk carriers, tankers, and container ships.
- International sale contracts and INCOTERMS rules regarding transfer of risk.
- Accounting concepts for FOB and FOB destination contracts.
- Implied obligations in contracts of affreightment, including seaworthiness, manning, reasonable dispatch, and not deviating from the agreed route. Exceptions and effects of breaching these obligations are discussed.
Commercial Law bailment
The document discusses the legal concept of bailment through various cases. Some key points:
- Bailment involves the delivery of personal property by the bailor to the bailee, who holds possession but not ownership.
- A bailee has legal obligations to take reasonable care of bailed goods and may be liable for negligence. However, exclusion clauses and proof that loss was not due to lack of care can absolve liability.
- Different types of bailment exist, like bailment for reward where consideration is provided, and gratuitous bailment where no payment is made. Gratuitous bailees generally need to show gross negligence for liability.
- Sub-bail
Lecture 3 consideration - cases
1. Pao On and Lau Yiu Long agreed to a share swap deal involving their companies. As part of the deal, Pao agreed not to sell 60% of the shares received for one year. Lau agreed to buy back those shares at $2.50 per share if the price dropped.
2. Pao later demanded that instead of a fixed buyback price, Lau merely indemnify him if the share price fell below $2.50. The House of Lords held this revised term was enforceable as it provided Pao additional protection and Lau suffered no detriment.
3. Consideration does not need to be contemporaneous, as long as it can be linked to the original agreement to
Lecture 3 consideration - cases
The document lists 14 case citations related to consideration in contract law. Some key principles that can be drawn from the cases include:
1) Past services can provide consideration for a future promise if it can be implied that payment was intended for the past services at the time they were rendered.
2) A promise to perform a pre-existing contractual duty to a third party can constitute consideration.
3) Forbearance from suing on a debt can serve as consideration if promised in exchange.
4) Additional performance beyond a party's legal duty, if requested and paid for, can also provide consideration to support a contract.
The document provides a high level overview of important consideration-related cases
Carriage Good by Sea.pptx
This document discusses the carriage of goods by sea. It covers topics such as contracts of affreightment, charter parties including voyage, time and demise charters. It also discusses clauses in charter parties, mates receipts, bills of lading including clean, qualified and through bills of lading. The duties and liabilities of carriers by sea are explained, including being seaworthy, issuing bills of lading, safety of goods, negligence liability, one year liability limit and liability being limited to declared value. Warranties both implied and in bills of lading are also summarized.
Similar to Contract law presentation 2 (20)
Vitiating Elements in the Formation of a Contract: Mistake and frustration
Vitiating Elements in the Formation of a Contract: Mistake and frustration
5 a law and ethics discharge of contract, remedies and injunctions
5 a law and ethics discharge of contract, remedies and injunctions
More from ChamodRathnayake1
Duties & Career Life of a News Presenter
This document provides information about the duties and career of a news reporter. It discusses that news reporters investigate, observe, interview, and write new stories by collecting information, preparing factual stories, and creating articles or broadcasts to inform the public. Reporters are responsible for gathering and writing about breaking news as it happens by covering events, conducting interviews, and putting together stories. The document also outlines the various types of news reporters such as broadcast, business, political, and sports reporters, and lists qualities important for news reporters like credibility, courage, curiosity, writing skills, and the ability to analyze information.
REPEAL PROVISIONS OF THE INTERPRETATION ORDINANCE
The document discusses the Interpretation Ordinance and provisions for repealing laws. It notes that the Ordinance is used by judges to interpret laws and includes matters like repeals and principles of natural justice. Important sections allow court proceedings to be rescheduled if they fall on holidays and allow challenges to decisions made outside administrative powers. The document defines repeal as removing a law and notes provisions like existing administrations ending with repeal and trials continuing under the old law until new laws are in place. Repeal cannot cancel constitutions without enacting new ones.
Criminal Law Defenses
This document outlines the group members and table of contents for a report on criminal law defenses in Sri Lanka. It discusses key concepts in criminal law including actus reus and mens rea. It provides examples and exceptions for common defenses in Sections 81, 82, 86, and 87 of the Sri Lankan Penal Code relating to acts done with consent, for the benefit of others, communications in good faith, and duress. The document serves as an outline for a more in-depth analysis of these criminal law defenses under Sri Lankan law.
Employment law 2
The document discusses the concepts of good faith and fiduciary duty in employment law. It defines good faith as requiring both the employer and employee to act with bona fide intentions and notes that an employer failing to perform in good faith can result in a case being filed by the employee. Fiduciary duty refers to sensitive jobs that require high trust, and breaching the contract in such a role cannot be justified. Maintaining good faith and fiduciary duty is important for strengthening the employment relationship between employers and employees.
Employment law 1
Common law in the UK is judge-made law based on legal precedents from past cases, while statute law comes from Acts of Parliament. EU law also applies. To distinguish employees from independent contractors under common law, tests like the control test, fourfold test, and economic reality test were introduced. Common law principles of good faith and reasonableness also apply between employers and employees. Alternative dispute resolution methods like arbitration, mediation, and negotiation were introduced to resolve disputes outside of courts. The EU was established in 1970 with 28 member nations to promote peace and cooperation in Europe.
Contract law presentation
Mistakes can prevent the formation of a valid contract if they relate to a material fact and cause misunderstanding or erroneous belief. There are three categories of mistake: mutual mistake, where parties are at cross purposes; unilateral mistake, where only one party is mistaken; and common mistake, where both parties are mistaken in the same way. A mistake as to the person involved in a contract, such as paying the wrong entity, can also allow a court to rectify the contract due to the mistake.
More from ChamodRathnayake1 (6)
Recently uploaded
1比1制作(swansea毕业证书)英国斯旺西大学毕业证学位证书托业成绩单原版一模一样
原版纸张【微信：741003700 】【(swansea毕业证书)英国斯旺西大学毕业证】【微信：741003700 】学位证，留信认证（真实可查，永久存档）offer、雅思、外壳等材料/诚信可靠,可直接看成品样本，帮您解决无法毕业带来的各种难题！外壳，原版制作，诚信可靠，可直接看成品样本。行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备。十五年致力于帮助留学生解决难题，包您满意。
本公司拥有海外各大学样板无数，能完美还原海外各大学 Bachelor Diploma degree, Master Degree Diploma
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
办理(waikato毕业证书)新西兰怀卡托大学毕业证双学位证书原版一模一样
原版纸张【微信：741003700 】【(waikato毕业证书)新西兰怀卡托大学毕业证】【微信：741003700 】学位证，留信认证（真实可查，永久存档）offer、雅思、外壳等材料/诚信可靠,可直接看成品样本，帮您解决无法毕业带来的各种难题！外壳，原版制作，诚信可靠，可直接看成品样本。行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备。十五年致力于帮助留学生解决难题，包您满意。
本公司拥有海外各大学样板无数，能完美还原海外各大学 Bachelor Diploma degree, Master Degree Diploma
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
Patenting_Innovations_in_3D_Printing_Prosthetics.pptx
slide deck : Patenting innovations in 3D printing
Presentation (1).pptx Human rights of LGBTQ people in India, constitutional a...
Human rights of LGBTQ people in India, constitutional and judicial approach
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence Lawyers
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Energizing Communities, Fostering Growth, Sustaining Futures
USDA grants bolster rural communities, driving growth, sustainability, and prosperity through strategic development initiatives and financial support.
Business and Corporate Case Update (2024)
Presentation at the Idaho State Bar Business & Corporate Law Section's Annual Meeting on June 4, 2024
原版制作(PSU毕业证书)宾州州立大学公园分校毕业证学历证书一模一样
学校原件一模一样【微信：741003700 】《(PSU毕业证书)宾州州立大学公园分校毕业证学历证书》【微信：741003700 】学位证，留信认证（真实可查，永久存档）原件一模一样纸张工艺/offer、雅思、外壳等材料/诚信可靠,可直接看成品样本，帮您解决无法毕业带来的各种难题！外壳，原版制作，诚信可靠，可直接看成品样本。行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备。十五年致力于帮助留学生解决难题，包您满意。
本公司拥有海外各大学样板无数，能完美还原。
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
【主营项目】
一.毕业证【q微741003700】成绩单、使馆认证、教育部认证、雅思托福成绩单、学生卡等！
二.真实使馆公证(即留学回国人员证明,不成功不收费)
三.真实教育部学历学位认证（教育部存档！教育部留服网站永久可查）
四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...
Presentation slides for a session held on June 4, 2024, at Kyoto University. This presentation is based on the presenter’s recent paper, coauthored with Hwang Lee, Professor, Korea University, with the same title, published in the Journal of Business Administration & Law, Volume 34, No. 2 (April 2024). The paper, written in Korean, is available at <https://shorturl.at/GCWcI>.
原版仿制(aut毕业证书)新西兰奥克兰理工大学毕业证文凭毕业证雅思成绩单原版一模一样
原版纸张【微信：741003700 】【(aut毕业证书)新西兰奥克兰理工大学毕业证文凭】【微信：741003700 】学位证，留信认证（真实可查，永久存档）offer、雅思、外壳等材料/诚信可靠,可直接看成品样本，帮您解决无法毕业带来的各种难题！外壳，原版制作，诚信可靠，可直接看成品样本。行业标杆！精益求精，诚心合作，真诚制作！多年品质 ,按需精细制作，24小时接单,全套进口原装设备。十五年致力于帮助留学生解决难题，包您满意。
本公司拥有海外各大学样板无数，能完美还原海外各大学 Bachelor Diploma degree, Master Degree Diploma
1:1完美还原海外各大学毕业材料上的工艺：水印，阴影底纹，钢印LOGO烫金烫银，LOGO烫金烫银复合重叠。文字图案浮雕、激光镭射、紫外荧光、温感、复印防伪等防伪工艺。材料咨询办理、认证咨询办理请加学历顾问Q/微741003700
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
Rokita Releases Soccer Stadium Legal Opinion
Indiana Attorney General Todd Rokita is weighing in on the proposed MLS soccer stadium project.
Lifting the Corporate Veil. Power Point Presentation
"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
Matthew Professional CV experienced Government Liaison
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordina...
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordina...Syed Muhammad Humza Hussain
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018What are the common challenges faced by women lawyers working in the legal pr...
The legal profession, which has historically been male-dominated, has experienced a significant increase in the number of women entering the field over the past few decades. Despite this progress, women lawyers continue to encounter various challenges as they strive for top positions.
Recently uploaded (20)
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...
Patenting_Innovations_in_3D_Printing_Prosthetics.pptx
Patenting_Innovations_in_3D_Printing_Prosthetics.pptx
Presentation (1).pptx Human rights of LGBTQ people in India, constitutional a...
Presentation (1).pptx Human rights of LGBTQ people in India, constitutional a...
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence Lawyers
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence Lawyers
Energizing Communities, Fostering Growth, Sustaining Futures
Energizing Communities, Fostering Growth, Sustaining Futures
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...
Sangyun Lee, 'Why Korea's Merger Control Occasionally Fails: A Public Choice ...
Lifting the Corporate Veil. Power Point Presentation
Lifting the Corporate Veil. Power Point Presentation
Matthew Professional CV experienced Government Liaison
Matthew Professional CV experienced Government Liaison
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordina...
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordina...
What are the common challenges faced by women lawyers working in the legal pr...
What are the common challenges faced by women lawyers working in the legal pr...
Contract law presentation 2
- 1. LIMITATIONS ON THE DOCTRINE FRUSTRATION Law of Contract
- 2. What is the frustration? •The legal termination of a contract due to unforeseen circumstances.
- 3. Examples for frustration: • Robinson v Davidson The contract was for the artist to perform on the stage but she fell ill before the performance. Then the court held that her personal incapacity frustrated the contract. • Avery v Bowden A parties made a charter party contract before the commencement of the performance of the contract the government prohibited shipping due to the war condition court held that this government action made it is possible to perform charter party contract and therefore the contract was frustrated.
- 4. Situation where frustration cannot be pleaded. • Where the contract is more different or expensive to perform. • Where some purpose of the contract can still be achieved. • Where the parties have foreseen the frustrative event • Self induce frustration.
- 5. Where the contract is more difficult or expensive to perform • If the contract become more difficult or expensive to perform that does not make the contract frustrated. • Tsakiroglou v Noblee. The contract was to ship good from the court of Sudan to Hamburg. Contract did not specify any shipping root. When the Suez Canal was closed for shipping due to the war condition frustration was pleaded. Claiming that it was no longer possible to ship the goods. It was also claim that the alternative shipping root prove the cape of goods hope was too expensive. The court held the contract not discharged by frustrated. It had become more expensive to perform but it could still be performed.
- 6. Where some purpose of the contract can still be achieved. • Herne Bay Steam Boat Co v Hutton The contract was to hire a boat to a day to watch the kings review of his navel fleet anchored down river Thames and also for a days excursion down river Thames. When the King fell ill and the coronation celebrations were cancelled including the review. Frustration was pleaded. Court held that the contract was not frustrated on account of the cancellation of the king’s review part of the purpose can still be achieved. The party can still go down the river Thames to view the navel fleet and for an excursion as planned.
- 7. Where the parties have foreseen the frustrative event • Jackson v Union Marine It was a charted party contract which had a clause which said that “the ship will sale with all possible dispatch damages and accidents of navigations actions.” in effect a possibility of navigations accident has been foreseen by the parties and the ship owner has taken upon himself and obligation to perform his side of the party despite such an event. The ship ran a ground and was several damage requiring 7 months of repair. The court allow frustration to be pleaded. Despite the parties providing was such an event in the contract. the consequences was much more serious than what the parties anticipated.
- 8. Self induce frustration • Maritime National Fish v Ocean Trawlers (1935) The claimant have four vessels of their own that they used for shipping then hired another vessel from the defendant and apply for 5 permits to operate the 5 vessels. They were issued per permits which they used to operate 3 of their vessels. They return the hired vessel claiming. That the contract was frustrated due to non available of a permit to operate that vessel. Court held the contract was discharged by frustration it was a case of self induce frustration.
- 9. Thank you