Précis: Failure to make charter payments was an event of default for which, in the circumstances, there was no right to reinstatement or relief from forfeiture.
Full SummaryChampion International v. The "Sabina", 2002 FCT 1122
Again the issue in this case was whether there was a concluded agreement between the parties. The Plaintiff and Defendant, through their respective agents, had entered into negotiations for the carriage of the Plaintiff’s cargo. All substantial matters had been agreed with the exception of lay days and quantity of cargo which were characterized as “loose ends” by the Defendant. …
Full SummaryArmonikos Corp. v. Saskatchewan Wheat Pool, 2002 FCT 799
The issue in this case was whether a charter party had been concluded between the brokers acting for the parties. The Defendant argued that no charter party had been agreed because there had not been a meeting of the minds regarding a significant term, notably, whether the vessel to be chartered was certified by the International Transport Workers Federation. The …
Full SummaryBarber Dubai Shipping Agencies Co. v. Angel Maritime Inc., 002 CanLII 38097
This was a dispute over fees payable to a broker by a shipowner. The charter party provided for daily demurrage which had been unpaid by the charterer. The shipowner attempted to set-off the unpaid demurrage from the fees payable to the broker. Both at first instance and on appeal the court held that the shipowner was not entitled to claim …
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