Undergraduate
Essay
Miscellaneous
Pages 4 (1004 words)
Download 0
I will advise Red that he can terminate the time-charter party contract (the "contract") with Blue and at the same time claim for damages against Blue as compensation for any past and future losses. The issues in the problem are - (1) whether Blue has breached the contract vesting upon Red the right to terminate the performance of such contract and claim compensation for past and future losses; and (2) whether such terms violated is a condition or a warranty entitling Red the dual right to terminate the performance of the contract and to claim compensation for past and future losses.

Introduction

Blue is guilty of breach of contract because the barge was only actually ready-to-load on the 3rd of January 2006 in violation of the owner's promise (Clause 8) that the barge will be ready-to-load from the start of the charter, i.e. the 1st of January. Moreover, Blue is guilty of breach of contract because the barge had to be towed sometime January 2008 (when the contract is still effective) from Oslo to Liverpool due to serious engine failure in violation of Clause 4. Having failed to perform its obligations under the contract, Blue is therefore in breach of contract.
In regard to the issue of whether Red may exercise the right both to terminate the contract and to claim compensation for past and future losses, the answer depends on whether the terms of the contract violated by Blue is a condition or a warranty. This is because not all contract terms are of equal significance. Some are more important than others. ...
Download paper
Not exactly what you need?

Related papers

management 2
Following Burns (2001) "entrepreneurs have become the staff of legends, "economic heroes" (Cannon 1991) increasing held in high esteem and held up as role models to be emulated" (6). The case of Bill Gates and Steve Jobs show that the main personal features of entrepreneurs are innovative ideas and creativity. For both men, new approaches to IT were innovative and resulted in economic value.…
Poetry assigment
A disagreement between his father and his older brother led to the sale of the family business and the suicide of his brother. Not long after, his father succumbed to cancer, leaving the young fifteen year old in charge of his family. The fact that these events caused Roethke to look at his father with ambivalence seems to be reflected in the poem, as its tone is a strange mixture of the…
MGT3190 Assigment for August 2008
Cultural values, status issues, general living conditions, climate, healthcare facilities, everyday customs, food, transport, living costs, religious or spiritual opportunities, openness to change, conservation and self-transcendence were the variables taken into consideration in the study. (Van Vianen, De Pater and Kristof-Brown) A survey questionnaire was given to the test subject expatriates…
Assignment 2
Feedback to students-performance can be a means of helping them learn and preparation of life-to utilize in future needs". A comprehensive assessment consists of a formative and a summative assessment.…
assigment 2
Blue is guilty of breach of contract because the barge was only actually ready-to-load on the 3rd of January 2006 in violation of the owner's promise (Clause 8) that the barge will be ready-to-load from the start of the charter, i.e. the 1st of January. Moreover, Blue is guilty of breach of contract because the barge had to be towed sometime January 2008 (when the contract is still effective) from…
Economics 2
The stark contrasts in these unemployment figures reveal causative features in these two diverse European economies.…