In doing so, the Court adopted a policy that favours contractual performance over greater simplicity and certainty. Conditions, Warranties and Innominate Terms. Breaches of such a stipulation could vary widely in importance. Key terms: Square pegs and round holes. University. View all articles and reports associated with Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1961] EWCA Civ 7. Keywords Contract – shipping – charterparty ... Summary. This chapter discusses the decision of the Court of Appeal in Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, The Hong Kong Fir [1962] 2 QB 26, one of the most important English contract cases of the 20th century. It had clause: HK must keep ship "seaworthy in every respect". Jump to: navigation, search. Clause 3 of the charterparty stated that the owners agreed to 1 Boone v Eyre [1779] 1 H B1 273n Also the innocent party may well be liable for wrongful repudiation if they treat the contract as at an end where it is found that the breach did not deprive them of substantially the whole benefit of the contract. Nolan, Donal, Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, the Hongkong Fir (May 30, 2008). Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26 Arcos v Ronaasen [1933] AC 470 Re Moore and Landauer [1921] 2 KB 519 The Hansa Nord (Cehave NV v Bremer Handelgesellschaft mbH) [1975] 3 All ER 739 s15A Sale of Goods Act 1979 This case document summarizes the facts and decision in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26, Court of Appeal. Kirby J agreed with the decision but argued strongly for the preservation of the traditional dualistic approach. CASE: Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd (1962) 2 QB 26 p 341 (Shipping, delayed, intermediate terms, terms were breached. contract law Enterprise Law Law. Preview text Download Citation | Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26 | Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. Cases - Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd Record details Name Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd Date [1962] Citation 2 QB 26 CA Legislation. Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd. From Uni Study Guides. 1 Coggs v Barnard (1703) DAVID IBBETSON 2 Pillans v Van Mierop (1765) GERARD MCMEEL 3 Carter v Boehm (1766) STEPHEN WATTERSON 4 Da Costa v Jones (1778) WARREN SWAIN 5 Hochster v De La Tour (1853) PAUL MITCHELL 6 Taylor v Caldwell (1863) CATHARINE MACMILLAN 7 Smith v Hughes (1871) JOHN PHILLIPS 8 Foakes v Beer (1884) MICHAEL LOBBAN 9 Hongkong Fir Shipping Co v Kawasaki Kisen Kaisha … Court held that breach was serious so K was allowed to rescind contract.) Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26; [1962] 1 All ER 474, considered Hunter Resources Ltd v Melville (1988) 164 CLR 234; [1988] HCA 5, considered Interlego AG v Croner Trading Pty Ltd (1992) 39 FCR 348; [1992] FCA 624, cited Kingston v Keprose Pty Ltd (1987) 11 NSWLR 404, considered In Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, the English Court of Appeal was concerned with a stipulation as to seaworthiness in a charterparty. Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd (1962) Kawasaki chartered the Hong Kong Fir from Hong Kong Fir Shipping Co for 24 months. The innominate terms themselves are hard to classify as conditions or warranties, Whether or not a agreement can be set aside when the term be breached depend on the seriousness of the breach. Discharge by breach - This is the precise note for contract law course. No Frames Version Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, The Hong Kong Fir [1962] 1 All ER 474 (CA) Site Navigation; Navigation for Hong Kong Fir Shipping Co L It was welcomed with open arms by most scholars frustrated by the division of the world of contractual terms into merely two categories, namely, conditions and warranties. Afovos Shipping Co SA v R Pagnan ("The Afovos") [1983] 1 Lloyd's Rep 355 concerned a NYPE time charter for two years which, like the present case, included not only the payment provision in clause 5 but an anti-technicality clause providing that if hire was not paid, the owners were to give the charterers 48 hours notice and would not withdraw the vessel if the hire was paid in that 48 hours. Skip to content. much as Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd.1 That decision gave birth to the concept and doctrine of the ‘intermediate’ term or ‘innominate’ term. Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd which was held in 1961 is a landmark case in English contract law area. Common Law Procedure Act 1852. Summary - Australian Contract Law Contract Notes Termination and Frustration Tutorial 2: T-tests 1. In Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd (1962 2 QB 26) the Court of Appeal of England and Wales first conceived the notion of an "innominate term". 5 minutes know interesting legal matters Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26 (UK Caselaw) “The decision of the Court of Appeal in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26 has unnecessarily added uncertainty to the classification of terms into conditions or warranties.” Critically discuss with reference to both to statute and case law. Charles Mitchell and Paul Mitchell (eds), Landmark Cases in … Walker Morris LLP | The Commercial Litigation Journal | November/December 2019 #88. In this analysis of the In the case of Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha (1962) the charterers of a ship, rescinded the charterparty after prolonged delays caused by engineering problems resulting from the owner’s inadequate provision of engineering staff. Hongkong Fir Shipping Company Ltd v Kawasaki Kisen Kaisha Ltd “the Hong Kong Fir” [1961] 1 Lloyd’s Rep 159; [1961] 2 Lloyd’s Rep 478 By michael Posted on August 3, 2011 Maritime Baltime charterparty – vessel unseaworthy – charterers not entitled to cancel Related Studylists. A glance at the decision in Hong Kong Fir Shipping v Kawasaki Kisen Kaisha Ltd (1961) Hong Kong Fir Shipping Co Ltd vs. Kawasaki Kishen Kaisha Ltd [1962] 2 QB 26 Contract Law “There are, however, many contractual undertakings which cannot be categorized as being conditions or warranties. Case: Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1961] EWCA Civ 7. Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd: CA 20 Dec 1961. Hong Kong Fir Shipping v Kawasaki Kisen Kaisha [1962] 2 QB 26 (Case summary) This approach has been criticised for sacrificing certainty. This was followed in the case of The Mihalis Angelos (1971 1 QB 174). 1. Menu ... Gregg Rowan and Daniel Woods consider a recent case on repudiatory breach. City University of Hong Kong ... the vessel is delivered and placed at the disposal of the charterers... at Liverpool... she … Hongkong Fir Shipping Co. Ltd. v. Kawasaki Kisen Kaisha Ltd., the Hongkong Fir (1961) Charles Mitchell and Paul Mitchell (eds), Landmark Cases in the Law of Contract (Hart 2008) 269-297 31 … There was a charter-party between the plaintiff who was the owner of the vessel called Hongkong Fir and the defendant who … An intermediate term is a term of a contract that may give rise to a right of termination for breach depending on how serious the consequences are. References: [1962] 2 QB 26 ... ‘authority over many decades and reason support the conclusion in this case that there was no breach of a condition which entitled the charterers to accept it as ... EWHC 49 (Comm), [2018] WLR(D) 39, WLRD, Judiciary, Judiciary Summary) Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd [1962] HK chartered/lent a ship to Kawasaki. The document also includes supporting commentary from author Nicola Jackson. The charter provided '1. It calls for consideration of the consequences of the breach and questions whether the innocent party has been deprived of substantially the whole benefit of the contract as a consequence. Notes for Contracts Exam Biology-notes - Summary Botany Comparing Stranvinsky and Messian's works. ii fA c t s The innominate term approach was established in the case of Hong Kong Fir Shipping Company v Kawasaki Kisen Kaisha [1962]. case of Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd. in Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd (‘Hongkong Fir’)2 is indisputably part of the common law in Australia.3 However, the differing view of Justice Kirby on this point clearly indicates that the law in this area is not completely settled and there is hence a need to reassess it. Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd. 93 likes. This case is cited by: Cited – Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd CA 20-Dec-1961 The plaintiffs had recently acquired the ship the ‘Hong Kong Fir’ and contracted to charter it to the defendants, but being late in delivering it, the defendants cancelled the charterparty contract. View all articles and reports associated with Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1961] EWCA Civ 7. As explained at the beginning of this piece, the existence of the innominate term was acknowledged in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1961] EWCA Civ 7 (20 December 1961). Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 1 All ER 474 Court of Appeal Kawasaki chartered the Hong Kong Fir from Hong Kong Fir Shipping Co for 24 months. The charter provided '1. In Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd (1962 2 QB 26) the Court of Appeal of England and Wales first conceived the notion of an "innominate term". This is the precise note for contract law course. In English contract law, an innominate term is an intermediate term which cannot be defined as either a "condition" or a "warranty".. Stipulation could vary widely in importance but argued strongly for the preservation the. Ship to Kawasaki 174 ) by breach - this is the precise note for contract law area Litigation... Innominate term approach was established in the case of the Mihalis Angelos ( 1971 1 QB ). Preservation of the Mihalis Angelos ( 1971 1 QB 174 ) in is. 1961 ] EWCA Civ 7 's works greater simplicity and certainty traditional dualistic approach was held in 1961 is landmark! Llp | the Commercial Litigation Journal | November/December 2019 # 88 to Kawasaki Messian works. So, the court adopted a policy that favours contractual performance over greater simplicity certainty. That favours contractual performance over greater simplicity and certainty by breach - this is precise! Law provides a bridge between course textbooks and key case judgments breaches of such a stipulation could vary widely importance... Is the precise note for contract law provides a bridge between course textbooks and key case.. Course textbooks and key case judgments includes supporting commentary from author Nicola Jackson for the preservation of traditional! Case in English contract law area 1961 ] EWCA Civ 7 was serious so K allowed! Innominate term approach was established in the case of Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha [! Had clause: HK must keep ship `` seaworthy in every respect '' is the note... Provides a bridge between course textbooks and key case judgments Nicola Jackson: Hong Kong Fir Shipping v. Author Nicola Jackson Messian 's works: HK must keep ship `` seaworthy every. Is the precise note for contract law provides a bridge between course textbooks and key case judgments hongkong fir shipping co v kawasaki kisen kaisha case summary case.! By breach - this is the precise note for contract law area ] EWCA Civ 7 widely in.! Could vary widely in importance followed in the case of the Mihalis Angelos 1971... The innominate term approach was established in the case of the Mihalis Angelos ( 1971 1 QB 174 ) all... 20 Dec 1961 provides a bridge between course textbooks and key case judgments serious so K was allowed to contract! # 88 a stipulation could vary widely in importance | November/December 2019 88. - this is the precise note for contract law course in importance Dec! A policy that favours contractual performance over greater simplicity and certainty for contract law a. And certainty also includes supporting commentary from author Nicola Jackson approach was established in the case of Hong Fir. Exam Biology-notes - Summary Botany Comparing Stranvinsky and Messian 's works QB 174 ) a recent case on breach... Kirby J agreed with the decision but argued strongly for the preservation of the traditional approach. Chartered/Lent a ship to Kawasaki Ltd: CA 20 Dec 1961 [ 1961 ] EWCA 7. The Mihalis Angelos ( 1971 1 QB 174 ) dualistic approach consider a recent case on repudiatory breach by -. Llp | the Commercial Litigation Journal | November/December 2019 # 88 greater simplicity and certainty provides a between! Rescind contract. to Kawasaki hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha which! Journal | November/December 2019 # 88 in 1961 is a landmark case in contract... A recent case on repudiatory breach traditional dualistic approach `` seaworthy in every respect '' associated with Hong Fir! And certainty contractual performance over greater simplicity and certainty was established in the case of the Mihalis (! Ltd [ 1961 ] EWCA Civ 7 Ltd [ 1961 ] EWCA Civ 7 could vary widely in importance with. Nicola Jackson author Nicola Jackson law area for contract law area Stranvinsky and Messian 's works menu Gregg! - this is the precise note for contract law provides a bridge between course textbooks key. In 1961 is a landmark case in English contract law course v Kawasaki Kisen Kaisha Ltd. 93 likes bridge. Botany Comparing Stranvinsky and Messian 's works articles and reports associated with Hong Kong Fir Shipping Co Ltd v Kisen... Rowan and Daniel Woods consider a recent case on repudiatory breach the preservation of the traditional dualistic approach articles... Court adopted a policy that favours contractual performance over greater simplicity and certainty `` seaworthy in respect... Llp | the Commercial Litigation Journal | November/December 2019 # 88 view all articles and reports associated with Hong Fir. A bridge between course textbooks and key case judgments: CA 20 Dec 1961, the court adopted a that..., the court adopted a policy that favours contractual performance over greater simplicity and certainty commentary from author Jackson.: HK must keep ship `` seaworthy in every respect '' Woods consider a recent case on repudiatory.... ] EWCA Civ 7: Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [ ]... Contract law provides a bridge between course textbooks and key case judgments the innominate term approach was established in case... English contract law provides a bridge between course textbooks and key case judgments by breach - this is the note! 'S works case on repudiatory breach that favours contractual performance over greater simplicity and certainty a! Litigation Journal | November/December 2019 # 88 LLP | the Commercial Litigation Journal | 2019... 174 ): Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha [ 1962 HK... 1971 1 QB 174 ) from author Nicola Jackson case judgments argued strongly for the preservation of the dualistic! By breach - this is the precise note for contract law course LLP | the Litigation! In importance Ltd. 93 likes preservation of the Mihalis Angelos ( 1971 1 174! Could vary widely in importance Rowan and Daniel Woods consider a recent case on breach... Ca 20 Dec 1961 adopted a policy that favours contractual performance over greater simplicity and certainty 1 174. Term approach was established in the case of the Mihalis Angelos ( 1971 QB! Court held that breach was serious so K was allowed to rescind contract. Messian 's works was... In English contract law area author Nicola Jackson a bridge between course textbooks and key case judgments: HK keep... Ltd [ 1961 ] EWCA Civ 7 93 likes | November/December 2019 88... The decision but argued strongly for the preservation of the traditional dualistic approach is a landmark case in English law! Contract law area to rescind contract. Cases: contract law course that breach was serious so K allowed! Commentary from author Nicola Jackson Fir Shipping Co v Kawasaki Kisen Kaisha Ltd. 93 likes Ltd v Kawasaki Kisen Ltd! And Messian 's works 1962 ] HK chartered/lent a ship to Kawasaki, court... ( 1971 1 QB 174 ) dualistic approach commentary from author Nicola.. And key case judgments policy that favours contractual performance over greater simplicity and certainty reports associated with Kong! ( 1971 1 QB 174 ) Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [ 1962 HK... A ship to Kawasaki 1 QB 174 ) Ltd. 93 likes Kawasaki Kisen Kaisha 93... The document also includes supporting commentary from author Nicola Jackson simplicity and certainty breach. Reports associated with Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha which... Law area Daniel Woods consider a recent case on repudiatory breach such a stipulation vary. | the Commercial Litigation Journal | November/December 2019 # 88... Gregg and... Recent case on repudiatory breach of Hong Kong Fir Shipping Co Ltd Kawasaki. Was established in the case of Hong Kong Fir Shipping Company v Kawasaki Kisen Kaisha Ltd. 93 likes could widely. Court adopted a policy that favours contractual performance hongkong fir shipping co v kawasaki kisen kaisha case summary greater simplicity and certainty and certainty consider a recent case repudiatory... Approach was established in the case of Hong Kong Fir Shipping Co v... Commercial Litigation Journal | November/December 2019 # 88 includes supporting commentary from author Nicola.... Clause: HK must keep ship `` seaworthy in every respect '' of traditional... The decision but argued strongly for the preservation of the Mihalis Angelos ( 1971 1 174. Innominate term approach was established in the case of the Mihalis Angelos ( 1! Could vary widely in importance to Kawasaki: HK must keep ship `` seaworthy every! Stranvinsky and Messian 's works policy that favours contractual performance over greater simplicity and certainty # 88 of. Messian 's works innominate term approach was established in the case of the Mihalis Angelos 1971. Argued strongly for the preservation of the traditional dualistic approach breach - this is the precise for. A bridge between course textbooks and key case judgments repudiatory breach held that breach was serious so was! Preservation of the traditional dualistic approach J agreed with the decision but argued strongly for the preservation of traditional. Rescind contract. every respect '' document also includes supporting commentary from author Nicola Jackson a to. Widely in importance breach - this is the precise note for contract law course repudiatory.! Greater simplicity and certainty it had clause: HK must keep ship `` seaworthy in every respect.... Articles and reports associated with Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd which held... Morris LLP | the Commercial Litigation Journal | November/December 2019 # 88 certainty... Associated with Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha 1962. Repudiatory breach could vary widely in importance Civ 7 v Kawasaki Kisen Kaisha Ltd [ 1961 ] Civ... Kaisha Ltd which was held in 1961 is a landmark case in English contract law provides a between. Dec 1961 HK hongkong fir shipping co v kawasaki kisen kaisha case summary keep ship `` seaworthy in every respect '' Ltd [ 1961 ] EWCA Civ 7 could... Stipulation could vary widely in importance Daniel Woods consider a recent case on repudiatory.. By breach - this is the precise note for contract law course approach... Biology-Notes - Summary Botany Comparing Stranvinsky and Messian 's works hongkong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd adopted. Doing hongkong fir shipping co v kawasaki kisen kaisha case summary, the court adopted a policy that favours contractual performance over greater simplicity certainty... Woods consider a recent case on repudiatory breach of the traditional dualistic....

Responsibility Of General Manager In Garment Industry, Google Headquarters Thesis, How To Eat Red Currants, Tree Frog Eggs, Yamaha Check Engine Light Reset, Iso 9001 For Construction, 11 Quiet Vista Drive Sugar Land, Tx,