TRADE AND TRANSPORT INC. v. IINO KAIUN KAISHA LTD. (THE "ANGELIA")

[1972] 2 Lloyd's Rep. 154

QUEEN'S BENCH DIVISION

Before Mr. Justice Kerr

Charter-party (Voyage) - Frustration - Anticipatory breach - Cargo of phosphate rock not available at loading port due to lack of transport - Lack of transport existing at time charter made - No enquiry made by charterers - Whether charterers wholly and finally disabled from supplying and shipping cargo before expiry of frustrating time - Exception clause - Whether charterers within wording of exception clause covering "shortage of cars; wagons" and "unavoidable hindrance" - Applicability of fundamental breach doctrine - "Fosfo" form. Arbitration - Charter-party - Frustration - Issue on whether or not a frustrating time had elapsed on facts - Whether an issue of law.