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conditions and warrantiesdamagescharterparties
The Mihalis Angelos
Maredelanto Compania Naviera SA v Bergbau-Handel GmbH (The Mihalis Angelos) [1971] 1 QB 164; [1970] EWCA Civ 4
Key Principle
An 'expected ready to load' clause in a charterparty, which the owner must honestly hold and have reasonable grounds for, is a condition of the contract, breach of which entitles the charterer to terminate; and where the innocent party would in any event have lawfully cancelled, damages for the repudiation are nominal because the value of the lost contractual right is assessed taking that inevitable cancellation into account.
Area of Law
contract
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