E-law cases
 
Custom Search
   Home      The Monarch 1949

 

Monarch Steamship Co Ltd v Karlshamns Oljefabriker (A/B) [1949] AC 196 House of Lords

The claimant purchased a quantity of soya beans to be shipped on the appellant’s vessel ,The British Monarch(TBM), from Japan to Sweden. After the cargo had been loaded and the journey commenced TBM developed problems with its boilers which caused considerable delay in the shipment. By the terms of the charter, the appellant was to provide a seaworthy vessel and thus the problems with the boiler amounted to a breach. During the delay period the war broke out and TBM was ordered to unload in Glasgow. The claimant arranged for the cargo to be shipped to Sweden and brought a claim against the defendants to recover the costs. The defendant claimed the outbreak of the war broke the chain of causation.

Held:

The outbreak of war did not break the chain of causation since the defendants should have foreseen the possibility of this occurring and any delay of the voyage may result in diversion of the vessel.

 
 Back to lecture outline on remedies in contract law