Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies.

Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only.

Monarch Steamship v Karlshamns – 1949

309 words (2 pages) Case Summary

07 Mar 2018 Case Summary Reference this LawTeacher

Jurisdiction / Tag(s): UK Law

Monarch Steamship Co Ltd v Karlshamms Oljefabriker [1949] AC 196

Unseaworthiness of vessel; outbreak of war; recoverability of damages

Facts

Karlshamms Oljiefabriker (KO) entered a contract in April 1939 with Monarch Steamship Co (MSC) to transport beans to a specific port. Delays occurred owing to the unseaworthiness of the vessel, and it did not reach the designated port prior to the outbreak of World War Two. The British Admiralty prohibited the ship from continuing, and KO claimed for breach of contract.

Issues

MSC contended they were only obliged to fulfil the contract if the British Government permitted it. The delivery was prevented under Admiralty orders which MSC were obliged to obey. The war risk clause within the contract absolved them of liability if war broke out. Unseaworthiness was not causative of the failed delivery because the Admiralty orders were an independent executive act preventing delivery, whether the vessel was seaworthy or not. KO contended there was a failure to deliver the cargo because of the unseaworthiness of the vessel, which was in breach of contract. KO argued MSC knew of the unseaworthiness and but for the delays to repair it, the vessel would have reached its destination before war broke out. The war clause could not assist MSC because the contractual breach occurred before the war broke out, causing the delay and necessitating the chartering of neutral ships to transport the cargo. The inclusion of the war clause proved war was in the contemplation of the parties.

Decision/Outcome

KO’s claim was successful. The effective cause of the delay was the unseaworthiness of the vessel. In view of the international conditions at the material time, they should have foreseen that war may break out causing the loss or diversion of the ship. War had not broken the chain of causation, and KO could recover the costs of chartering the neutral ships.

LawTeacher

LawTeacher

LawTeacher.net is the UK’s leading provider of academic legal support, offering both writing services and an extensive collection of law study resources for students in the UK and overseas.

Founded in 2003 by Grey’s Inn graduate Barclay Littlewood, the Company was built on a commitment to excellence, with unique guarantees and a high standard of service from day one.

The team includes over 500 UK legally qualified writing experts, with many practising solicitors and barristers, and several former lecturers.

Areas of Legal Expertise

Contract Law Criminal Law Constitutional and Administrative Law EU Law Tort Law Property Law Equity and Trusts Jurisprudence Company Law Commercial Law Family Law Human Rights Law Employment Law Evidence Public International Law Legal Research and Methods Dispute Resolution Business Law and Practice Civil Litigation Criminal Litigation Professional Conduct Taxation Wills and Administration of Estates Solicitors’ Accounts

Cite This Work

To export a reference to this article please select a referencing stye below:

Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.
Reference Copied to Clipboard.

Related Services

View all

Related Content

Jurisdictions / Tags

Content relating to: “UK Law”

UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.

Related Articles

Prices from

£ 99

Estimated costs for: Undergraduate 2:2 • 1000 words • 7 day delivery

Place an order

Delivered on-time or your money back

Reviews.co.uk Logo (292 Reviews)

Rated 4.2 / 5

Give yourself the academic edge today

Each order includes

  • On-time delivery or your money back
  • A fully qualified writer in your subject
  • In-depth proofreading by our Quality Control Team
  • 100% confidentiality, the work is never re-sold or published
  • Standard 7-day amendment period
  • A paper written to the standard ordered
  • A detailed plagiarism report
  • A comprehensive quality report