Hong Kong Fir agreed to rent their ship to Kawasaki for 24 months and stated on the date of delivery that the ship was fitted or use in ordinary cargo service. 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. The vessel was delivered to … The agreement included a term that the ship would be seaworthy throughout the period of hire. United Kingdom Judges Hong Kong Fir Shipping v Kawasaki Kishen Kaisha: Hong Kong Fir agreed to rent their ship to Kawasaki for 24 months and stated on the date of delivery that the ship was fitted for use in ordinary cargo service. ltd v. Kawasaki Kisen Kaisha Ltd (1962) 原告与被告签订合同，被告租用原告的名为Hong Kong Fir的船，租期为24个月。租约中有一个条款规定，该船是适宜航海的。根据以往的有关判例，船上只要稍微有差错，就会违反这个条款。 The problems developed with the engine of the ship and the engine crew were incompetent. We also have a number of samples, each written to a specific grade, to illustrate the work delivered by our academic services. Case: Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1961] EWCA Civ 7. The vessel was delivered to … 14 Hong Kong Fir Shipping Cov Kawasaki [1962] 2 QB 26; The Amstelslot[1963] 2 Lloyd’s Rep 223. Donal Nolan (Contact Author) University of Oxford - Faculty of Law ( email ) St Cross Building. In the case, the ship owner hired out the Hong Kong fir, ‘being in every way fitted for ordinary cargo service’. 989 (H.L.)] Hong Kong Fir Shipping co . 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". Diplock, Sellers, and Upjohn LJJ He may affirm the contract or he may bring it to an end. Court Relying on Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, the court said that whether a breach is repudiatory must be judged at the time of acceptance of the breach, so it followed that any cures that the party in breach had carried out before that … [2] Hong Kong Fir Shipping Co Ltd. v Kawasaki Kisen Kaisha [1962] EWCA Civ 7 [3] Great Peace Shipping v Tsavliris Salvage [2002] EWCA Civ 1407 [4] Detailed on p.2 Legal Locomotive Law Videos 1,161 views 6:35. The plaintiffs said the repudiation was wrongful, and that the ship was fit to charter. The ship was delivered on 13 February 1957, sailing …show more content… Respondent Hong Kong Fir Shipping v Kawasaki Case - developed the concept of innominate terms. The ship was delivered in February 1967 and sailed to the US and then to Japan on the same day. The employer’s ability to terminate the contract on breach will therefore depend on the effect of the breach, in accordance with Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha [1962] 2 QB 26, CA. The term was breached meaning the ship could not be at sea for the full amount of time. Clause 1 of the contract obliged the owners to deliver a “seaworthy” vessel and Clause 3 further obliged them to maintain the vessel’s seaworthiness and good condition. Hong Kong Fir Shipping Co. Ltd vs Kawasaki Kisen Kaisha Ltd is the key case which owns the credit for this discovery. Hong Kong Fir was successful at trial and Kawasaki appealed. Background facts. The ship in fact was not in good condition, and its repairs caused a lot of delays for the Defendant. Issue Hong Kong Fir Shipping Ltd v Kisen Kaisha Ltd (1962) EWCA Civ 7. Bourhill v Young [1943] AC 92 - Duration: 5:50. He states that the correct test is to look at the events which have occurred as a result of the breach at the time when the contract was purported to be repudiated and to decide if these events deprived the party attempting to repudiate of the benefits that it expected to receive from the contract. The correct test to determine if a breach should lead to repudiation is to look at the events which have occurred as a result of the breach and to decide if these events deprived the party attempting to repudiate of the benefits that it expected to receive from the contract (the breach must lead to the party not being able to obtain all or a substantial proportion of the benefits that they intended to receive by entering into the contract) - if they do, then repudiation is in order, else only damages can be awarded. Registered Data Controller No: Z1821391. However, due to the fact that the engine room staff was inefficient and the engines were very old, the ship was held up for 5 weeks, and then needed 15 more weeks worth of repairs after the deal had been made. HONGKONG FIR SHIPPING COMPANY, LTD. v. KAWASAKI KISEN KAISHA, LTD. (THE "HONGKONG FIR") [1961] 2 Lloyd's Rep. 478 COURT OF APPEAL Before Lord Justice Sellers, Lord … Company Registration No: 4964706. Relying on Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, the court said that whether a breach is repudiatory must be judged at the time of acceptance of the breach, so it followed that any cures that the party in breach had carried out before that date should be taken into account ([1962] 2 QB 26). Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help you with your studies. 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