Contract law


KAWASAKI KISEN KAISHA, LTD.

Conditions, Warranties and Innominate Terms. A glance at the decision in Hong Kong Fir Shipping v Kawasaki Kisen Kaisha Ltd (1961)


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Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd (The Hongkong Fir) [1962] 2 Q.B. 26 (20 December 1961) Practical Law Case Page D-001-0938 (Approx. 1 page) Ask a question


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This chapter discusses the decision of the Court of Appeal in The Hongkong Fir, one of the most important English contract cases of the 20th century. In this analysis of the Hongkong Fir case I argue that close consideration of the case law, coupled with an appreciation of the historical background, reveals certain flaws in the current general understanding of the decision. In particular I.


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Hong Kong Fir Shipping Ltd v Kisen Kaisha Ltd (1962) EWCA Civ 7. Construction of contractual terms as 'conditions' and repudiatory breach of contract. Facts. Ship owners let the vessel, Hongkong fir, to charterers for a period of 24 months. Clause 1 of the contract obliged the owners to deliver a "seaworthy" vessel and Clause 3 further.


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on maritime law and on the. Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. 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. The document also includes supporting commentary from author Nicola Jackson.


Hong Kong Fir Shipping v Kawasaki Kisen Kaisha Ltd [1962]

Abstract. Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. 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. The document also includes supporting commentary from author Nicola Jackson.


KAWASAKI KISEN KAISHA, LTD.

Under a time charterparty, The Hong Kong Fir was let by Hong Kong Fir Shipping (C) to Kawasaki (D) for 2 years. Clause 1 provided that for the duration of the charterparty the ship must be "in every way fitted for ordinary cargo service.." (a seaworthiness clause) However, the ship was poorly maintained by the crew and suffered numerous.


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Our Customer Support team are on hand 24 hours a day to help with queries: +44 345 600 9355. Contact customer support Opens in a new window. View on Westlaw or start a FREE TRIAL today, Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd (The Hongkong Fir), International - Cases.


KAWASAKI KISEN KAISHA, LTD.

The court found the charterers' refusal to be wrongful and awarded damages to the plaintiffs. The judge determined that the vessel's machinery was not initially inefficient or defective but required proper maintenance by an experienced engine-room staff due to its age. However, the vessel was considered unseaworthy upon delivery due to an.


SGA Terms my own notes INNOMINATE TERM Hong Kong Fir Shipping Co. Ltd v Kawasaki Kisen

The plaintiffs had purchased a 25-year-old vessel called the "Antrim", which they renamed the "Hong Kong Fir", of some 5395 tons gross and 3145 tons net register, and this was its first charter under the new owners. The vessel was delivered on the 13th February, 1957, at Liverpool and duly set out in ballast on her intended voyage to Newport.


Contract law

Hong Kong Fir Shipping hired out their elderly ship, [4] the "Hong Kong Fir", to Kawasaki Kisen Kaisha under a two-year time charter-party. It was to sail in ballast from Liverpool to collect a cargo at Newport News, Virginia, and then to proceed via Panama to Osaka. A term in the charterparty agreement required the ship to be seaworthy and to.


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Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26. September 2020. DOI: 10.1093/he/9780191897672.003.0039. In book: Essential Cases: Contract Law 3e. Authors: Nicola Jackson.


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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. The plaintiffs said the repudiation was wrongful, and that the ship was fit to charter. Held: 'authority over many decades and reason support the. Continue reading Hong Kong Fir Shipping.


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Document. Publication Details. HONGKONG FIR SHIPPING COMPANY, LTD. v. KAWASAKI KISEN KAISHA, LTD. (THE "HONGKONG FIR") [1961] 2 Lloyd's Rep. 478.


Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd

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 Pages Posted: 28 Nov 2017


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Hong Kong Fir Shipping v Kawasaki Kisen Kaisha [1962] 2 QB 26 Court of Appeal. A ship was chartered to the defendants for a 2 year period. The agreement included a term that the ship would be seaworthy throughout the period of hire. The problems developed with the engine of the ship and the engine crew were incompetent.