This chapter discusses the decision of the Court of Appeal in Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, The Hong Kong Fir [1962] 2 QB 26, one of the most important English contract cases of the 20th century. In this analysis of the 1 Coggs v Barnard (1703) DAVID IBBETSON 2 Pillans v Van Mierop (1765) GERARD MCMEEL 3 Carter v Boehm (1766) STEPHEN WATTERSON 4 Da Costa v Jones (1778) WARREN SWAIN 5 Hochster v De La Tour (1853) PAUL MITCHELL 6 Taylor v Caldwell (1863) CATHARINE MACMILLAN 7 Smith v Hughes (1871) JOHN PHILLIPS 8 Foakes v Beer (1884) MICHAEL LOBBAN 9 Hongkong Fir Shipping Co v Kawasaki Kisen Kaisha … much as Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd.1 That decision gave birth to the concept and doctrine of the ‘intermediate’ term or ‘innominate’ term. Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. Skip to content. The innominate term approach was established in the case of Hong Kong Fir Shipping Company v Kawasaki Kisen Kaisha [1962]. In English contract law, an innominate term is an intermediate term which cannot be defined as either a "condition" or a "warranty".. Walker Morris LLP | The Commercial Litigation Journal | November/December 2019 #88. Keywords Contract – shipping – charterparty ... Summary. Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26 Arcos v Ronaasen [1933] AC 470 Re Moore and Landauer [1921] 2 KB 519 The Hansa Nord (Cehave NV v Bremer Handelgesellschaft mbH) [1975] 3 All ER 739 s15A Sale of Goods Act 1979 1. Charles Mitchell and Paul Mitchell (eds), Landmark Cases in … Case: Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1961] EWCA Civ 7. Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd [1962] HK chartered/lent a ship to Kawasaki. This was followed in the case of The Mihalis Angelos (1971 1 QB 174). contract law Enterprise Law Law. University. Summary - Australian Contract Law Contract Notes Termination and Frustration Tutorial 2: T-tests 1. Menu ... Gregg Rowan and Daniel Woods consider a recent case on repudiatory breach. Hongkong Fir Shipping Company Ltd v Kawasaki Kisen Kaisha Ltd “the Hong Kong Fir” [1961] 1 Lloyd’s Rep 159; [1961] 2 Lloyd’s Rep 478 By michael Posted on August 3, 2011 Maritime Baltime charterparty – vessel unseaworthy – charterers not entitled to cancel ii fA c t s It was welcomed with open arms by most scholars frustrated by the division of the world of contractual terms into merely two categories, namely, conditions and warranties. “The decision of the Court of Appeal in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26 has unnecessarily added uncertainty to the classification of terms into conditions or warranties.” Critically discuss with reference to both to statute and case law. This case document summarizes the facts and decision in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26, Court of Appeal. City University of Hong Kong Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 1 All ER 474 Court of Appeal Kawasaki chartered the Hong Kong Fir from Hong Kong Fir Shipping Co for 24 months. Court held that breach was serious so K was allowed to rescind contract.) 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". Hongkong Fir Shipping Co. Ltd. v. Kawasaki Kisen Kaisha Ltd., the Hongkong Fir (1961) Charles Mitchell and Paul Mitchell (eds), Landmark Cases in the Law of Contract (Hart 2008) 269-297 31 … Kirby J agreed with the decision but argued strongly for the preservation of the traditional dualistic approach. Breaches of such a stipulation could vary widely in importance. Also the innocent party may well be liable for wrongful repudiation if they treat the contract as at an end where it is found that the breach did not deprive them of substantially the whole benefit of the contract. in Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd (‘Hongkong Fir’)2 is indisputably part of the common law in Australia.3 However, the differing view of Justice Kirby on this point clearly indicates that the law in this area is not completely settled and there is hence a need to reassess it. The document also includes supporting commentary from author Nicola Jackson. ... the vessel is delivered and placed at the disposal of the charterers... at Liverpool... she … It calls for consideration of the consequences of the breach and questions whether the innocent party has been deprived of substantially the whole benefit of the contract as a consequence. Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd. 93 likes. References: [1962] 2 QB 26 ... ‘authority over many decades and reason support the conclusion in this case that there was no breach of a condition which entitled the charterers to accept it as ... EWHC 49 (Comm), [2018] WLR(D) 39, WLRD, Judiciary, Judiciary Summary) The charter provided '1. Discharge by breach - This is the precise note for contract law course. This case is cited by: Cited – Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd CA 20-Dec-1961 The plaintiffs had recently acquired the ship the ‘Hong Kong Fir’ and contracted to charter it to the defendants, but being late in delivering it, the defendants cancelled the charterparty contract. Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd which was held in 1961 is a landmark case in English contract law area. Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd (1962) Kawasaki chartered the Hong Kong Fir from Hong Kong Fir Shipping Co for 24 months. 5 minutes know interesting legal matters Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26 (UK Caselaw) Conditions, Warranties and Innominate Terms. View all articles and reports associated with Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1961] EWCA Civ 7. CASE: Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd (1962) 2 QB 26 p 341 (Shipping, delayed, intermediate terms, terms were breached. Cases - Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd Record details Name Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd Date [1962] Citation 2 QB 26 CA Legislation. Hong Kong Fir Shipping v Kawasaki Kisen Kaisha [1962] 2 QB 26 (Case summary) This approach has been criticised for sacrificing certainty. There was a charter-party between the plaintiff who was the owner of the vessel called Hongkong Fir and the defendant who … 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". As explained at the beginning of this piece, the existence of the innominate term was acknowledged in Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1961] EWCA Civ 7 (20 December 1961). Key terms: Square pegs and round holes. No Frames Version Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, The Hong Kong Fir [1962] 1 All ER 474 (CA) Site Navigation; Navigation for Hong Kong Fir Shipping Co L In Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, the English Court of Appeal was concerned with a stipulation as to seaworthiness in a charterparty. Hong Kong Fir Shipping Co Ltd vs. Kawasaki Kishen Kaisha Ltd [1962] 2 QB 26 Contract Law “There are, however, many contractual undertakings which cannot be categorized as being conditions or warranties. This is the precise note for contract law course. Notes for Contracts Exam Biology-notes - Summary Botany Comparing Stranvinsky and Messian's works. Download Citation | Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26 | Essential Cases: Contract Law provides a bridge between course textbooks and key case judgments. Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd. From Uni Study Guides. Nolan, Donal, Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd, the Hongkong Fir (May 30, 2008). In doing so, the Court adopted a policy that favours contractual performance over greater simplicity and certainty. Jump to: navigation, search. Afovos Shipping Co SA v R Pagnan ("The Afovos") [1983] 1 Lloyd's Rep 355 concerned a NYPE time charter for two years which, like the present case, included not only the payment provision in clause 5 but an anti-technicality clause providing that if hire was not paid, the owners were to give the charterers 48 hours notice and would not withdraw the vessel if the hire was paid in that 48 hours. Hong Kong Fir Shipping Co v Kawasaki Kisen Kaisha Ltd: CA 20 Dec 1961. The charter provided '1. It had clause: HK must keep ship "seaworthy in every respect". A glance at the decision in Hong Kong Fir Shipping v Kawasaki Kisen Kaisha Ltd (1961) Common Law Procedure Act 1852. case of Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd. An intermediate term is a term of a contract that may give rise to a right of termination for breach depending on how serious the consequences are. Related Studylists. In the case of Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha (1962) the charterers of a ship, rescinded the charterparty after prolonged delays caused by engineering problems resulting from the owner’s inadequate provision of engineering staff. 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. Hongkong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1962] 2 QB 26; [1962] 1 All ER 474, considered Hunter Resources Ltd v Melville (1988) 164 CLR 234; [1988] HCA 5, considered Interlego AG v Croner Trading Pty Ltd (1992) 39 FCR 348; [1992] FCA 624, cited Kingston v Keprose Pty Ltd (1987) 11 NSWLR 404, considered Preview text View all articles and reports associated with Hong Kong Fir Shipping Co Ltd v Kawasaki Kisen Kaisha Ltd [1961] EWCA Civ 7. 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