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• Law
• School of Law
• LAWS1072 - Contracts 2

Resource Sample

Universal Cargo Carriers Corp v Citati Facts P was under an obligation to finish loading a ship owned by D by specified time D terminated charter party before expiry of this time on basis P could not have finished loading ship within time remaining, therefore repudiating K Arbitrator: D could have inferred P could not finish loading within reasonable period, but could have finished loading before delay frustrated commercial purpose of K Devlin J Findings of arbitrator precluded conclusion P had repudiated by conduct Test for repudiation based on delay: not on unreasonableness, but where the delay was sufficiently long to frustrate commercial purpose of K - Here, time given to conduct preliminary duties was unreasonable in relation to time prescribed for main duty - However, length of delay not long enough to frustrate K Where time is not of the essence, term becomes warranty, ...

Resource Topics

• Anticipatory repudiation
• Arbitral tribunal
• CDATA
• Contract law
• Contractual term
• Law
• Tom DeLay

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