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Maritime National Fish Ltd v Ocean Trawlers Ltd

[1935] AC 524, 104 LJPC 88, 18 Asp MLC 551, [1935] All ER Rep 86, 79 Sol Jo 320, 153 LT 425

Court: PC

Judgment Date: 12/04/1935

Catchwords & Digest

CONTRACT - DISCHARGE OF CONTRACTUAL PROMISES - DISCHARGE BY RESCISSION FOR

BREACH OF CONTRACT - BY ELECTION TO TREAT CONTRACT AS AT AN END - WHEN RIGHT TO
ELECT ARISES - INABILITY TO PERFORM - CAUSED BY PARTY'S OWN WILFUL ACT -
CHARTERPARTY — NECESSITY FOR LICENCE TO OPERATE VESSEL — ELECTION TO OPERATE
ANOTHER VESSEL
Respondents were owners and appellants were charterers of a steam trawler which was fitted with,
and could operate as a trawler only with, an otter trawl. By the charterparty the vessel could be used only in
the fishing industry. The charterparty was renewed for a year from 25 October 1932. At that date both parties
knew that a Canadian statute, which was applicable, made it an offence to leave a Canadian port with intent
to fish with a vessel using an otter trawl, except under licence from the Minister. In March 1933, appellants
applied to the Minister for licences for five trawlers which they were operating. The Minister intimated that
only three licences would be granted, and requested appellants to name the three trawlers in respect of
which the three licences should be granted. Appellants named three trawlers, excluding the trawler now in
question, and accordingly licences were granted for those three only. Appellants thereupon claimed that they
were no longer bound by the charterparty, and to an action claiming the charter hire pleaded that the
charterparty had become impossible of performance and their obligations under it ended: Held there had
been no frustration of the charterparty, as the absence of a licence was due to the election of appellants, who
remained liable for the hire.

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Treatment Case Name Citations Court Date
[2019] EWHC 335 (Ch),
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183 ConLR 167, [2019]
T1 Ltd and other
EGLR 17, [2019] CaseSearch
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PLSCS 37, 169 NLJ Entry
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7831, [2019] All ER (D)
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[1957] 2 QB 401,
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Carriers Corpn v Citati Entry
[1957] 1 Lloyd's Rep
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Constantine (Joseph) [1942] AC 154, [1941]
Steamship Line Ltd v 2 All ER 165, 70 Ll L
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Corpn Ltd, The 46 Com Cas 258, 165
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 Page 2

Cases considered by this case

Annotations: All CasesCourt: ALL COURTS
Sort by: Judgment Date (Latest First)
Treatment Case Name Citations Court Date
Larrinaga & Co Ltd v (1923) 92 LJKB 455,
Société Franco- 16 Asp MLC 133, 29
CaseSearch
Considered Américaine des Com Cas 1, [1923] All HL 16/03/1923
Entry
Phosphates de ER Rep 1, 129 LT 65,
Médulla, Paris 39 TLR 316
[1903] 2 KB 740, 72
LJKB 794, 52 WR 246, CaseSearch
Considered Krell v Henry CA 11/08/1903
[1900-3] All ER Rep 20, Entry
89 LT 328, 19 TLR 711

Document information

Court
Privy Council
Judgment date
12/04/1935