495. Bank Line Limited v Arthur Capel and Co (the “Quito”) [1919] AC 435

Vessel requisitioned by Government in war time – contract frustrated

The Facts

The vessel was fixed for twelve months.

The cancelling date was 30 April 1915 (the second year of World War I).

The vessel missed the cancelling date but charterers did not cancel.

While she was in the dry dock being prepared for service, she was requisitioned by the Government.  Attempts to have the vessel released, failed.

In September 1915 the vessel was released and sold.

The charterers claimed damages for breach.

Findings

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