422. Court Line Ltd v Dant & Russell Inc. (the “Errington Court”) [1939] 64 Ll.L. Rep 212

Off-hire clause/frustration – vessel prevented from sailing by naval blockade on the Yangtsze River – charterparty frustrated (vessel not off-hire)

 The Facts

The vessel was let for nine or ten months under a charterparty which contained a standard off-hire clause.

After an outbreak of hostilities between China and Japan, a boom was placed across the Yangtsze River by the Chinese to prevent the Japanese from ascending the river.  At this time the vessel was discharging at Wuhu, 750 miles upriver from Shanghai (situated at the mouth of the river).

The boom was placed approximately 100 miles below Wuhu.

The Master was ordered by the charterer’s agents to discharge cargo destined for Shanghai at Wuhu.

Three months later, a passage was forced through the boom.

 Charterers contended that the contract had been frustrated after the completion of discharge at Wuhu.

 Findings

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